The Punjab Pay Scales of Teachers Act, 2004
Punjab Act No. 1 of 2005
Object & Reasons6
|Statement of Objects and Reasons - Vide circular Letter No. 5058-FR-2- 57/5600, dated 23rd July, 1957, the teachers working in the Department of Education were placed in Two Broad Categories i.e. Category A and Category B according to their Qualifications and it was further provided that they shall be given pay scales specified in that letter. The Department of Finance reconsidered circular letter, dated 23-7-1957, vide instructions No. 9/9/79-FR-2-143 dated 19th Feb. 1979 and decided that the benefit of higher pay scales on the basis of qualifications shall be allowed to only those teachers who were appointed up to 19th Feb. 1979 or who improved their qualification up to that and not thereafter. On the recommendations of the Third Pay Commission, the teachers were given the specify pay scales, vide Notifications No. 11/64/87-2 Edu. 6/666 dated 17-2-1989 issued under the provision of Punjab Civil Services (Revised Pay) Rules, 1988 read with a Notification No. 10/3/89-FP1/953, dated 20-1- 1989. This has created disparity between similarly placed teachers in the same cadre i.e. those who possessed or improved their qualifications on or before 19-2-1979, and those who were appointed before 19-2-1979 but acquired similar qualifications after the said date; and those with similar qualifications but were appointed after 19th February, 1979. Therefore, all teachers irrespective of the qualifications they possess should be paid the pay scales of the post on which they have actually been appointed notwithstanding any judgment, decree, order or decision of any Court/Tribunal/Authority. In order to remove the disparity between similarly situated teachers performing same duties and working on the same posts, an Act is required. However, while enacting the Act, care is being taken to protect the payments already made to the teachers up to 31-12-1985 in pursuance of the decision of various Courts so that no undue hardship is caused to the teachers at large and to avoid multiple litigation. Hence this Bill. Published by Punjab Government Gazette (Extraordinary), dated December 14, 2004, Page 1698.|
(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. Grant of pay scales as per rules and notifications. - 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. Protection for actions taken in good faith. - 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. Bar of jurisdiction. - 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. Repeal and savings. - (1) 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 (1), shall be deemed to have been done or taken under the corresponding provisions of this Act.