IMPORTANT POINTS
Different pay scales cannot be given to employees initially having same pay scale, more so when the nature of duties of the two categories has not undergone any change.
No order having civil; consequences can be passed without affording opportunity to the employees concerned.

JUDGMENT

R.K. Agrawal, J.

The above appeal has been filed against the impugned common judgment and order dated 23.05.2006 passed by the High Court of Punjab & Haryana at Chandigarh in L.P.A. No. 66 of 2006 in CWP No. 10928 of 2003 and L.P.A. No. 67 of 2006 in CWP No. 7527 of 1995 whereby the Division Bench while dismissing the appeals filed by the appellants herein upheld the order dated 27.04.2005 passed by learned single Judge of the High Court in CWP Nos. 10928 of 2003 and 7527 of 1995.

2. Brief facts:

(a) The Senior Vocational Staff Masters Association-the respondent Association represents the Vocational Masters in the State of Punjab appointed during the years 1975, 1982, 1983 and thereafter. The respondents were appointed on their respective posts by the State of Punjab in the year 1975 on ad-hoc basis. In the year 1978, the Punjab Public Service Commission advertised 132 posts of Vocational Masters to be filled up by way of regular appointment. These posts were to be filled up under the Punjab School Education (PSE) Class III (School Cadre) Rules. The minimum educational qualification for the posts of Vocational Masters was degree or post graduation except very few courses where the educational qualification was Diploma under the advertisement.

(b) In the year 1992-93, the State Government decided to revise the minimum qualification for being appointed as vocational masters and Diploma was provided as the minimum educational qualification in place of Degree for some courses. Due to revision, there were two classes of Vocational Masters in the State, viz., Diploma holder vocational masters and degree holder vocational masters or post-graduate vocational masters. The State Government, taking note of the fact that the unequals are being treated as equals due to the revision in qualification, vide Notification dated 31.03.1995, re-designated degree holder vocational masters and post-graduate vocational masters as vocational lecturers with the rider that their present responsibilities and financial matters will have no change. It is also pertinent to mention here that Diploma holder vocational masters were also provided an opportunity to re-designate as vocational lecturers as and when they acquire the degree or post-graduate qualification.

(c) The said notification dated 31.03.1995 was challenged before the High Court in CWP No. 7527 of 1995 by the remaining Vocational Masters for a direction to the appellants to grant the designation of Vocational Lecturers to all the Vocational Masters in the State of Punjab. During the pendency of the said writ petition, the State Government made rules to amend the Punjab State Education Class III (School Cadre) Service Rules, 1978 prescribing separate qualification for vocational masters and vocational lecturers.

(d) On the onset of 4th Punjab Pay Commission, the Commission had not treated Vocational Masters separate from Masters of General Studies and the Vocational Lecturers from the Lecturers of General Studies and merged the Vocational Masters with that of the School Masters and Vocational Lecturers with School Lecturers by amendment, viz., Punjab Civil Services (revised pay)(first amendment) Rules, 1998 wherein School Lecturers were granted the pay scale of Rs. 6,400-10,640/- and School Masters were given the pay scale of Rs. 5,800-9,200/-. It is pertinent to mention here that earlier the Vocational Masters and Vocational Lecturers were given the same pay scales.

(e) The respondents herein, being aggrieved by the disparity in pay scales granted by the 4th Pay Commission, approached the State Government claiming that they should be granted pay scales at par with the Lecturers. Vide Notification dated 07.11.2002, the Government of Punjab, Department of Education clarified that "the Vocational Masters appointed on or after 08.07.1995 neither can be designated as Vocational Lecturers based upon the educational qualification nor the revised scale of Rs. 6,400-10,640/- in place of Rs. 5,800-9,20