PUNJAB GOVT GAZ. (EXTRA.), JAN. 7, 2005 (PAUSA 17, 1926 SAKA)
PART I DEPARTMENT OF LEGAL AND LEGISLATIVE AFFAIRS, information :
PUNJAB Notification The 7th January, 2005 No. 1-Leg./2005.,-The following Act of the Legislature of the State of Punjab receive1 the assent of the Governor of Punjab on the 31st December, 2004, and is hereby published for gener al THE PUNJAB PAY SCALES OF TEÁCHERS ACT, 2004 (Punjab Act No. 1 of 2005) AN ACT to provide for grant ing of pay s cales to teachers as per rules with effect from the Ist day of January, 1986 and for the matters connect ed therewith or incidental thereto.
Whereas the Finance Department,-vide its executive instructions issued,-vide circular letter No. 5058-FRII-57/5600, dated the 23rd July, 1957, while revising pay scales of Gvernmnt servants, had provided that the teachers in the Education Department shall be placed in two broad categorics, namely, category A' and category B' accord ing to their qualifications mentioned therein and had further provided that they shall be given pay scales specif ied in that letter.
Whereas the Finance Department,--vide its instructions No. 9/9/79 FR(2)/143, dated the 19th February, 1979, reconsidered circular letter No. 5058-FRII-57|/5600, dated the 23rd July, 1957 and deci ded that the benefit of higher pay scale on the basis of the qualifications shall be allowed to only those teachers, who were appointed up to the 19th February, 1979 or who improved their qualifications up to that date and not thereafter :
Whereas the pay scales on the basis of the possession or acquisition of qualifications mentioned in circular letter No. 5058 FRII-57/5600, dated the 23rd July, l957, continued to be allowed to the teachers up to the 31st day of December, 1985 :
- PUNJAB GOVT GAZ. (FXTRA.), JAN. 7, 2005 | (PAUSA 17, 1926 SAKA)
PART 1 DEPARTMENT OF LEGAL AND IEGISLATIVE AFFAIRS, PUNJAB Notification The 7th January, 2005 No. 1-Leg./2005.—The following Act of the Legislature of the State of Punjab receivel the assent of the Governor of Punjab on the 31st December, 2004, and is hereby published for general information :— THE PUNJAB PAY SCALES OF TEACHERS ACT, 2004 (Punjab Act No. 1 of 2005) AN ACT to provide for granting of pay scales to teachers as per rules with effect from the 1st day of January, 1986 and for the matters connected therewith or incidental thereto, Whereas the Finance Department,—vide its executive instructions issued,—vide circular letter No. 5058-FRII-57/5600, dated the 23rd July, 1957, while revising pay scales of G.overnmont servants, had provided that the teachers in the Education Department shall be placed in two broad categorics, namely, category ‘A’ and category ‘B’ according: to their qualifications mentioned therein and had further provided that they shall be given pay scales specified in that letter ;
Whereas the Finance Department,—vide its instructions No. 9/9/79- BR(2)/143, dated the 19th February, 1979, reconsidered ci-cular letter No. 5058-FRII-57/5600, dated the 23rd July, 1957 and decided that the benefit of higher pay scale on the basis of the qualifications shall be allowed to only those teachers, who were appointed up to the 19th February, 1979 or who improved their qualifications up to that date and not thercafter ;
Whereas the pay scales on the basis of the possession or acquisition of qualifications mentioned in circular letter No. 5058- FRII-57/5600, dated the 23rd July, 1957, continued to be allowed to the teachers up to the 31st day of December, 1985 ;
Short titlje and Commence ment.
PUNJAB GOVT GAZ. (EXTRA.), JAN, 7, 200s (PAUSA 17, 1926 SAKA) Whereas on the basis of the recommendations of the Third Pay Commission, the Finance Department framed the Punjab Civil Services (Revised Pay) Rules, 1988 for granting revised pay scales to all the employees of different departments of the Punjab Govern- Notification No. 10/3/89-FPI/9 53, daterl the 20th January, 1989, ment and in pursuance of thcse rules, read with Finance Department the State Government,-vide its Notification No. 11/64/87-2Edu,6/666, dated the 17th February, 1989, granted the specific pay sel according to the post held by a teacher with effeot from the 1st day of January, 1986;
Whereas conseq:ent upon granting the Specific pay scales hv and the State Government,-yide the aforesaid statutory rules notificati ns, the executive inst rustions of the Finance Department issued,--vide its circular letter No, 5058-FRII-57/5600, dated the 23rd July, 1957 (which entitled the teachers to higher pay scales merely on the basis of qualifications althoigh actually holding posts of lower pay scales which resulted in creating a different class leading to disparity and discrimination between similarly situated teachers i. e. those wero appointed Or before the 19:h Febriary, i979 and those who were appointed after the 19th February, 1979 even though they were possessing the same basic qualificalions as per the service rules and were working on tho same post, perfc rming same duties and responsibilities), stood supersedod and no benefit of higher pay scales can be clajmed by the teachers or be given to then on the basis of these executive instructions with who And whercas in these circumstances, it is expedient to enact a law in public interest to remove disparity and discrimination within the same class of teachers and to ayoid undue and un-reaso nabld financial liabilities on the State exchequer.
BE it enacted by the Legislature of the State of Punjab in e Fifty-fifth Year of the Republic of India as follows :
1. (/) This Teachers Act, 2004.
Act may be called the Punjab Pay Scales of
(2) It shall be deemed to have come into force On and with effect from the 1st day of January, 1986.
cffect from the 1st day of Januaiy, 1986;
Short titje and Commence ment, AZ. (EXTRA.), JAN. 7, 2005 PUNIAD GO PAUSA 17,1926 SAKA) — Whereas on the basis of the recommendations he the Thirq Pay Commission, the Finance Department Saped a Civj] Services (Revised Pay) Rules, 1988 for gran : ? Po PAY soaq, to all the employees of different departments 0 1 njab Gover, ment and in pursuance of these rules, read with Finance Departmey Nouffortion: No, JYRpIom, Dey Se 200 Louw, jy the State Government,—vide its Notification No. 1/64/87-2E du 6/6, date) the 17th February, 1989, granted the specific pay Scales according to the post held by a teacher with effect from the 1g day of January, 1986;
Whereas consequent upon granting the specific pay scale by the State Government,—yide the aforesaid statutory rules and notificati-ns, the executive instructions of the Finance Departmen circular letter No. 5058-FRII-57/5600, dated the 23rd July, 1957 (which entitled the teachers to higher pay scales merely on the basis of qualifications althoigh actually holding posts of lower pay scales which resulted in creating a different clags leading to disparity and discrimination between similarly situateg teachers {i.e those why were aprointed on or before the 1ssved,—vide its 19th Febivary, 1979 and those who were appointed aftes the 19th February, 1979 even though they were possessing the same basic qualifications as per the service rules and were working on the same post, perfcrming same duties and responsihilitics), stood superseded and no benefit of higher pay scales can be claimed by the teachers or he given to them on the basis of these executive instructions with cffect from the Ist day of Januay, 1986;
And whereas in these circumstances, jt is expedient to enact a law in public interest to remove disparity ang discrimination within the same class of teachers and to avoid undue and un-reasonable financial liabilities op the State exchequer, BE it enacted by the Legislature of the State of Punjab in the Fifty-fifth Year of the Republic of India as follows ‘— L (I) This Act may be called the Punjab Pay Scales of Teachers Act, 2004,
(2) It shall pe deemed to have come into force on and wih effect from the Ist day of January, 1986 a d s | PUNJAB GOT GAZ. (EXTRAJ), JAN. 7, 2005 (PAUSA 17, 1926 SAK A)
2. In this Act, unless the context otherwise requires, 3
(a) Finance Department" means the Department of Finance of the State of Punjab ; and
(b) "State Government" means the Government of the State of Punjab in the Department of Education,
3. Notwithstanding anything contained in any instruction, rule or other law for the time being in force and any judgement, decree, order or decision of any Court, Tribunal or Authority, the teachers shall be entitled only to the pay scales of the posts held by them, which were granted under the Punjab Civil Services (Revised Pay) Rules, 1988, read with Finance Department Notification No., 10/3/89 FPI/953, dated the 20th January, 1989 and the State Government Notification No, 11/64/87-2Edu. 6/666, dated the 17th February, 1989, itrespective of their qualifications with effect from the lst day of Jan uary, 1986, and nothing more than that shall be payable to them.
4. No suit, prosecution or other legal proceedings shall lie against the State Government or any officer or employee of the State Govern ment for anything, which is done or intended to be done in good faith under this Act.
5. No Civil Court shall have jurisdiction to enterlain any suit or proceedings in respect of any matter arising under or connected with this Act,
6. (1) The Punjab Pay Scales of Teachers Ordinanco, 2004 (Punjab Ordinance No. 11 of 2004), is hereby repealed.
(2) Notwithstanding such repeal, anything done or any action taken under the Ordin¡nce referred to in sub-Section (1), shall be deemed to have been done or taken under the corresponding provisions of this Act.
HARBANS SINGH, Secretary to Government of Punjab, Department of Legal and Logislative Affairs.
Definitions.
Grant of pay scales as per rules and notifications.
Protection for actions taken in good faith.
Bar of jurisd iction.
Repeal and savings.
| PUNJAB GOVT GAZ. (EXTRA.), JAN. 7, 2005 3 (PAUSA 17, 1926 dye ——
2. In this Act, unless the context otherwise requires,— (@) “Finance Department” means the Department of Finance of the State of Punjab ; and
(b) <‘State Government” means the Government of the State of Punjab in the Department of Education.
3. Notwithstanding anything contained in any instruction, rule or other law for the time being in force and any judgement, decree, order or decision of any Court, Tribunal or Authority, the teachers shall be entitled only to the pay scales of the posts held by them, which were granted under the Punjab Civil Services (Revised Pay) Rules, 1988, read with Finance Department Notification No. 10/3/89- FPI/953, dated the 20th January, 1989 and the State Government Notification No. 11/64/87-2Edu. 6/666, dated the 17th February, 1989, irrespective of their qualifications with effect from the 1st day of January, 1986, and nothing more than that shall be payable to them.
4. No suit, prosecution or other legal proceedings shall lie against the State Government or any officer or employee of the State Government for anything, which is done or intended to be done in good faith under this Act.
5. No Civil Court shall have jurisdiction to entertain any suit or proceedings in respect of any matter arising under or connected with this Act.
6. (I) The Punjab Pay Scales of Teachers Ordinance, 2004 (Punjab Ordinance No. 11 of 2004), is hereby repealed.
(2) Notwithstanding such repeal, anything done or any action taken under the Ordinance referred to in “sub-section (I), shall be deemed to have been done or taken under the corr esponding provisions of this Act.
HARBANS SINGH, Secretary to Government of Punjab, Department of Legal and Legislati ve Affairs.
Definitions.
Grant of pay scales as per rules and notifications.
Protection for actions taken in good faith.
Bar of jurisdiction.
Repeal and savings.