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1980 DIGILAW 18 (KER)

SIVASANKARAN v. STATE OF KERALA

1980-01-11

G.VISWANATHA.IYER, V.BALAKRISHNA ERADI, V.P.GOPALAN NAMBIYAR

body1980
Judgment :- 1. There are altogether eighty three petitioners in these writ petitions. All of them were working as high school assistants (language) in Government high schools at the time of institution of these writ petitions. The common grievance with which they have come to this court is that their legitimate claims for fixation of their pay in the higher scale of Rs. 210-325 with effect from the dates on which they completed twelve years of service as required by G.O. MS. 462/68/Edn. dated 26-10-1968 and for payment of the arrears of salary consequent on such fixation have been illegally and arbitrarily denied to them by the orders Exts. PI3 to P15 passed by respondents Nos.1 to 3, namely, the State of Kerala, the Director of Public Instruction, Trivandrum and the Regional Deputy Directors of Public Instruction, Kozhikode and Ernakulam respectively inspite of clear and specific directions having been issued by the High Court in the judgments rendered in the earlier writ petitions filed by them, namely, O.P. Nos. 511 of 1973, 2875 of 1974, 5638 of 1970 and 2030 of 1974. These teachers have been agitating for a just settlement of their claims for the past nearly eight years and in respect of most of them this is the third occasion on which they have had to approach this court seeking relief under Art.226 of the Constitution in respect of the identical matter. 2. It was agreed before us that O.P.No. 4950 of 1976 may be treated as the leading case and that the facts of that case need alone be referred to in the judgment since they are plainly illustrative of all the facts of the remaining cases. Most of the relevant documents have been produced and marked as exhibits in O.P. No. 4950 of 1976 and they will hereinafter be referred to on the basis of their exhibit marking in the said writ petition. 3. All the writ petitioners are working in Government schools in the erstwhile Malabar District. Many of them started their careers as Grade II language teachers in the schools run by the Malabar District Board and by some other Municipal Councils in the Malabar area. On those schools having been taken over by the Government with effect from 1-10-1957 they were all absorbed into the service of the Kerala Government with the benefit of continuity of service. On those schools having been taken over by the Government with effect from 1-10-1957 they were all absorbed into the service of the Kerala Government with the benefit of continuity of service. A little prior thereto the Government had passed orders as per a G. O. dated 28th March, 1957 effecting a unification of pay scales of non-gazetted officers of the different departments of Government who were allotted to the State of Kerala from the erstwhile T. C. State as well as from the composite Madras State. Ext. P1 is a copy of the said order containing also an extract from the schedule attached thereto relating to the education department. A pay revision was subsequently effected by the State Government as per the G.O. Ext. P2 dated 28-2-1958, as a result of which the unified scale of Rs. 55-150 which had been sanctioned to language teachers under Ext. P3 was revised and re-fixed as Rs. 80-165. 4. Some doubts appear to have arisen regarding the precise manner in which the pay revision order Ext. P2 should be given effect to with respect to the teachers absorbed into Government service from the service of the Malabar District Board and the Municipal Councils in the Malabar area. The Government, therefore, clarified the matter by issuing the order Ext. P6 dated 22 41959 prescribing the mode of fixation of the pay of language teachers working in the primary school section as well as in the High School section in Government schools in the Malabar area. It was stated inter alia in Ext. P6 that while issuing the pay revision order Ext. P2 the intention of Government was to give the scale of pay of Rs. 55-150 only to language teachers working in the high school classes and not to those teaching in the primary classes in the Malabar area It was accordingly directed that the language teachers of the former Local Board and Municipal schools who were on the scale of Rs. 45-90 on 30-9-1957 should be classified into two categories, namely, (I) those on Rs. 80-165 with effect from 1-10-1957 and (2) those on Rs. 40-120 with effect from 1-10-1957. Certain principles were laid down as per Ext. 45-90 on 30-9-1957 should be classified into two categories, namely, (I) those on Rs. 80-165 with effect from 1-10-1957 and (2) those on Rs. 40-120 with effect from 1-10-1957. Certain principles were laid down as per Ext. P6 as to how the said classification was to be given effect to, the most important of them being that a seniority list of all the language teachers of the Local Board and Municipal schools should be prepared and fresh posting as high school teachers should be effected in accordance with seniority, juniors who are found to be working in high school classes being replaced by seniors provided the seniors were qualified for the post on 1-10-1957. Even though it was contemplated by the Government when it passed Ext. P6 that speedy action should be taken for drawing up the seniority list of language teachers absorbed from the service of the Malabar District Board and Municipalities it actually took more than eleven years for the department to give effect to the said direction. 5. In the meantime, a further revision of pay scale was effected by the State Government as per GOMS. No. 468/68/Edn. dated 26-10-1968. Under its provisions all categories of graduate teachers and language teachers of Government schools as well as aided schools became entitled to the higher scale of pay of Rs. 210-10-250-15-325 with effect from 1-7-1966 subject to the condition that "they have completed twelve years of service." 6. In purported implementation of the directions contained in Ext. P6 the Regional Deputy Director of Public Instruction, Kozhikode issued proceedings dated 18-1-1970 promoting eighty seven language teachers of the former Local Body schools of Malabar as High School Assistants (language) in the scale of Rs. 80-165. Inspite of the fact that the petitioners herein, who were absorbed into Government service from the District Board secondary schools on 1-10-1957, had been drawing their pay in the scale of Rs. 45-90, the names of many of them were not included in the list of persons posted as high school assistants. As a necessary consequence thereof, they were also not given the benefit of the higher grade sanctioned in favour of teachers who had put in twelve years of service on the ground that the petitioners did not have the requisite service as high school language teachers for being considered eligible for the grant of the higher grade. As a necessary consequence thereof, they were also not given the benefit of the higher grade sanctioned in favour of teachers who had put in twelve years of service on the ground that the petitioners did not have the requisite service as high school language teachers for being considered eligible for the grant of the higher grade. Feeling aggrieved thereby ninety one teachers including most of the writ petitioners herein approached this court by filing O.P Nos. 4426 of 1972, 511 of 1973 and 2019 of 1973. 7. Even prior thereto, two other language teachers similarly absorbed from the service of the District Board had approached this court with a similar complaint by filing OP. Nos. 631 of 1971 and 4044 of 1972. OP. No. 631 of 1971 was disposed of by this court as per the judgment dated Ist June, 1972 (Ext. P9). By that judgment this court held that in as much as the petitioner therein had made out that he had taught only in the high school classes ever since his appointment in the service of the Malabar District Board, he was entitled to have the entirety of such service counted for the purpose of reckoning his seniority and for determining his eligibility for being posted as high school assistant (language) in the scale of Rs. 80-165 with effect from 1- 61959 as well as for the purpose of determining his eligibility for the grant of the higher grade sanctioned as per the G.O. MS 463/68/Edn. dated 26101968. Though a writ appeal WA No 249 of 1972 was filed by the State against the said judgment it was dismissed by the appellate bench and as a result thereof the judgment Ext. P9 became final. 8. Similarly, O.P. No. 4044 of 1972 was also allowed by this court as per the judgment dated 27th August, 1973 (Ext. P10). O.P. Nos. 4426 of 1972 and 511 and 2019 of 1973 were heard and disposed of together by this court by a common judgment dated 21st February, 1975. Ext. P8 is a copy of that judgment. Therein this court pointed out that the principles to be adopted in the matter of grant of the higher grade to the language teachers absorbed into Government service from the service of the Malabar District Board had been already laid down in the judgments rendered in O.P. Nos. Ext. P8 is a copy of that judgment. Therein this court pointed out that the principles to be adopted in the matter of grant of the higher grade to the language teachers absorbed into Government service from the service of the Malabar District Board had been already laid down in the judgments rendered in O.P. Nos. 631 of 1971 and 4044 of 1972. The State Government was, therefore, directed to examine the case of the ninety one writ petitioners in the light of the principles laid down in the aforementioned two judgments and determine afresh the dates on which the petitioners could be regarded as having become eligible for the grant of the higher scales of pay and also to pass appropriate consequential orders within a period of four months from the date of the judgment. The orders Exts. P13 to P15 impugned in these writ petitions purport to have been passed in implementation of the said direction issued by this court. 9. The directions given by this court in the aforesaid judgment Ext. P8 were clear and specific. That was to the effect that the Government and the department should apply to the petitioners the principles laid down in the judgments in O.P. Nos. 631 of 1971 and 4044 of 1972. By the judgment in O.P. No. 631 which has become final and conclusive it had been clearly laid down that continuous periods during which teachers in the service of the erstwhile Malabar District Board and the Municipal Councils in the Malabar area were exclusively working in the high school section should be counted for the purposes of reckoning their seniority amongst language teachers and eligibility for being posted as high school assistants as well as for reckoning the period of twelve years of service required to qualify for the grant of the higher grade. We find force in the contention taken by the writ petitioners that the said principle laid down by this court has not been given effect to by the State Government and by the department while passing the orders Exts. P13 to P15. 10. This court had also clearly directed that the Government and the department should determine in accordance with the aforesaid principle the dates with effect from which the concerned writ petitioners covered by the judgment Ext. P8 became eligible for the grant of the higher grade and grant them appropriate consequential benefits. P13 to P15. 10. This court had also clearly directed that the Government and the department should determine in accordance with the aforesaid principle the dates with effect from which the concerned writ petitioners covered by the judgment Ext. P8 became eligible for the grant of the higher grade and grant them appropriate consequential benefits. This direction necessarily involves that with effect from the dates on which those writ petitioners were found to have become eligible for the grant on the higher grade they should be given the consequential benefit of arrears of salary. What has. however, been done by the Government by the order Ext. P13 is to direct that the petitioners would be given only notional promotions to the higher grade with effect from the dates on which they have been found eligible for such promotions and that the consequent pay fixation will take effect only from the date of Ext. P13 and back arrears will not be paid. The petitioners are well-founded in their contention that the said stipulation contained in Ext. P13 that only notional promotions will be given and back arrears will not be paid to the petitioners is clearly contrary to the directions issued by this court in the judgment Ext. P8. 11. The three writ petitioners in O.P. No. 4950 of 1966 had figured as the petitioners in O.P. No. 4426 of 1972 which was disposed of jointly along with O.P. Nos. 511 and 2019 of 1973 by the judgment Ext. P8. All the twenty seven writ petitioners in O.P. No. 4996 of !976 were amongst the petitioners in O.P. No. 511 of 1973 disposed of by the judgment Ext. P8. Similarly, all the thirty five writ petitioners in O. P. No. 5077 of 1976 were petitioners in O.P No. 2019 of 1973 which was jointly disposed of along with O.P. No. 511 of 1973 by the judgment Ext. P8. The four writ petitioners in O.P. No. 5078 of 1976 were among the petitioners who had figured as petitioners in O.P. No. 511 of 1973 and are also therefore covered by the judgment Ext. P8. The same is the case with the ten writ petitioners in O.P. No. 5079 of 1976, some of whom had figured as petitioners in O.P. No. 511 of 1973 and the rest were included amongst the petitioners in OP. No. 2019 of 1973. P8. The same is the case with the ten writ petitioners in O.P. No. 5079 of 1976, some of whom had figured as petitioners in O.P. No. 511 of 1973 and the rest were included amongst the petitioners in OP. No. 2019 of 1973. All of them are also directly covered by the judgment Ext. P8. The two writ petitioners in OP. No. 5083 of 1976 stand on the same footing since both of them had figured as petitioners in OP. No. 2019 of 1973 disposed of by the judgment Ext P8. 12. There is only one petitioner in OP No. 1184 of 1977. He was appointed as a Hindi Pandit Grade II in the Madras educational subordinate service and he was subsequently allotted to the service of Kerala consequent on the reorganisation of States. He had previously come up to this court seeking practically the same relief by filing OP. No. 2875 of 1974 complaining against the denial to him of the higher grade. That writ petition was disposed of by the judgment Ext. P4 dated 11th December, 1974 where under the Director of Public Instruction was directed to pass early orders on the appeal filed by the petitioner in the light of the directions and guidelines given by this court in the judgment in OP. Nos 5638 of 1970 and 4044 of 1972. Similarly there is only one petitioner in OP. No. 1231 of 1977. He was also appointed in the Madras educational subordinate service by direct recruitment as Grade II language teacher in October, 1955 and was subsequently allotted to the State of Kerala with effect from 1-11-1956. This petitioner had previously approached this court on two occasions, first by filing OP. No. 5638 of 1970 and later again by filing OP. No. 2030 of 1974. His grievance also is that notwithstanding the directions given in those judgments his claim for promotion to the higher grade has not been properly and justly determined by the department and that besides wrongly reckoning a much later date as the date on which he became eligible for promotion to the higher grade the orders Ext. P13 to P15 have also illegally denied to him the benefit of back arrears. 13. We consider that the principle laid down by this court in the judgment Ext. P9 rendered in OP. P13 to P15 have also illegally denied to him the benefit of back arrears. 13. We consider that the principle laid down by this court in the judgment Ext. P9 rendered in OP. No. 631 of 1971, which has become final and binding on the State Government and the department, must apply in the case of all the writ petitioners before us irrespective of whether they are persons absorbed into Government service from the local board and Municipal councils of the Malabar area or whether they were persons directly recruited into the Madras educational subordinate service. The orders Exts. P13 to P14 cannot be allowed to stand since they have not been passed in conformity with the aforesaid principle laid down by this court. We hold that the entire period during which the petitioners have been either borne on the high school teaching staff of the concerned schools or during which they had continuously worked exclusively in the high school section, should be taken into account for the purposes of reckoning the period of twelve years required for eligibility for the grant of the higher grade. 14. The petitioners have asserted in their affidavits that prior to 1-1-1957, in the schools in the Malabar area there were language teachers only for Malayalam in the higher elementary section (subsequently designated as the upper primary section) and that those language teachers were known as 'junior Malayalam teachers'. According to the petitioners, Hindi was being taught in the secondary schools in the Malabar area, at the relevant time, only in the high school classes and hence Hindi Pandits were working exclusively in the high school section only. It has been further asserted by the petitioners in the original petitions and supporting affidavits that none of the petitioners were functioning as "junior Malayalam teachers" as on 1-10-1957. These are matters which could be easily verified with reference to the service registers of the petitioners and also by scrutiny of the relevant school registers also, if necessary. 15. The learned Additional Advocate General brought to our notice that in the unreported judgment of this court in OP. No. 631 of 1971 (Eradi, J.) and in some subsequent unreported rulings wherein the said decision has been followed, namely, judgments in OP. No. 1690 of 1974 (Subramonian Poti, J.) OP. No. 5268 of 1972 (Khalid, J.), OP. Nos. 15. The learned Additional Advocate General brought to our notice that in the unreported judgment of this court in OP. No. 631 of 1971 (Eradi, J.) and in some subsequent unreported rulings wherein the said decision has been followed, namely, judgments in OP. No. 1690 of 1974 (Subramonian Poti, J.) OP. No. 5268 of 1972 (Khalid, J.), OP. Nos. 5015 of 1976 and 3044 of 1976 (Chandrasekhara Menon, J.) and Writ Appeal Nos. 196 and 210 of 1978 (Gopalan Nambiyar, C. J. and Balagangadharan Nair, J), the view has been expressed that for the purposes of eligibility for the grant of the higher grade under the provisions of G.O.M.S 463 of 1963/Edn. dated 26-10-1968 what is required is only that the language teacher concerned should have completed twelve years of service and there is no stipulation that the said service should be in any particular grade; in other words it was held that the requisite period of twelve years of service mentioned in the G.O. as a condition for eligibility for the grant of the higher grade need not necessarily be service as language teacher in the high school section and even the service rendered by the teacher in the upper primary section is liable to be taken into account for the said purpose. The learned Additional Advocate General submitted before us that the said view happened to be taken by this court because of an unfortunate omission on the part of the department to produce before this court in those writ petitions the basic Government orders dealing with this subject, the provisions of which had been incorporated and consolidated in the G.O. dated 26-101968. The earlier Government orders on the subject have been produced by the learned Additional Advocate General in O.P. No. 4950 of 1976 and they have been incorporated in the form of a paper book. After going through those orders we find there is force in the contention advanced by the learned Additional Advocate General. The primary or basic order on the subject was G.O.M.S. No. 528/1966 Edn. dated 12-10-1966. The relevant portion of that order reads: "At present different service qualifications have been prescribed for different categories of oriental title holders for eligibility to promotion to 1st grade, ranging from 10 to 20 years. The primary or basic order on the subject was G.O.M.S. No. 528/1966 Edn. dated 12-10-1966. The relevant portion of that order reads: "At present different service qualifications have been prescribed for different categories of oriental title holders for eligibility to promotion to 1st grade, ranging from 10 to 20 years. The Government consider that this may be done away with They order that with effect from 1-7-1966, service qualification for all language teachers will be 12 years of continuous service as high school language teachers, as in the case of graduate teachers, under R.2, Chapter XXVI, K.E.R. This order will apply to promotions due on or after 1-7-1666 and which not already been ordered". The next G.O. in point of sequence, is G.O. MS. 237/70/S. Edn. dated 27th May, 1970 whereby some provision was made for giving credit to the service put in by the teachers in the primary sections, in excess of fifteen years, for the grant of the higher grade in high schools. The material portion of that order is in the following terms: "The question of giving credit to the services put in by the teachers in the primary sections for the grant of higher grade in High Schools has been under the consideration of Government for some time. A primary teacher can get the higher grade of the primary teachers when he completes 15 years of service. If, a primary teacher gets promotion to High School before he completes 15 years, he gets the higher grade of primary teachers before the due date. On the other hand some primary school teachers get promotion to High School only after they complete 15 years of service. By this promotion such a teacher gets no additional benefit because the higher grade of the primary teacher and the lower grade of High School teacher are one and the same. Only his service from the date of promotion is counted for giving higher grade in High School. Thus the service put in by him after completing 15 years of service in Primary section is not counted for anything. Only his service from the date of promotion is counted for giving higher grade in High School. Thus the service put in by him after completing 15 years of service in Primary section is not counted for anything. In the circumstances, Government are pleased to order, that service in the primary sections of a teacher promoted to High Schools, over and above 15 years in the Primary sections will be counted towards calculating 12 years for granting higher grade in the High Schools." It was against the background of these orders that G.O. MS. 463/68/Edn. dated 26-10-1968 was passed and what was done thereunder was only to issue a consolidated order incorporating the operative portions of the prior orders already issued on the subject. It is important to notice that condition No.1 incorporated in the G.O. dated 26-10-1968 specifically dealt with the subject of grant of the higher scale of pay to all categories of primary school teachers including language teachers working in primary schools. Condition No.2 makes similar provision for the grant of the higher grade to all categories of graduate teachers and language teachers (both Government and aided). Obviously the language teachers referred to in condition No.2 can be those working in high schools. It is in this context and against the background of earlier Government orders on the subject to which we have already referred that the words "if they have completed 12 years of service" occurring in condition No. 2 laid down in the said GO. have to be interpreted. So construed, these words, in our opinion, have to be understood as laying down the requirement-"if they have completed twelve years of high school service as language teachers of high schools". That this was the intention of the Government is also made clear from the subsequent provision relating to high schools made in the said GO. under the head "implementation". Reference may also be made to GO.MS. 2/76/G. Edn dated 7-1-1976 whereby GOMS. 463/68/Edn. dated 26-10-1968 was clarified by the Government. A copy of the said order has been produced also with the counter affidavit filed in OP. No. 4950 of 1976 and marked as Ext. R8. under the head "implementation". Reference may also be made to GO.MS. 2/76/G. Edn dated 7-1-1976 whereby GOMS. 463/68/Edn. dated 26-10-1968 was clarified by the Government. A copy of the said order has been produced also with the counter affidavit filed in OP. No. 4950 of 1976 and marked as Ext. R8. That order reads: "In the G.O. read above, it was ordered among other things that all categories of Graduate teachers and language teachers (both Government and aided) would be eligible for the higher scale of pay with effect from 1-7-66 if they had 12 years of service. 2. Government note that the above G.O. does not stipulate that the 12 years of service should be as High School Assistant alone and hence it would not be correct to take into account the High School service alone for sanctioning the higher scale of pay to the Graduate Teachers and language teachers. The intention of Government is to reckon service as High School Assistants only for this purpose. Accordingly, the orders in the G. O. read above have been implemented in the case of aided school teachers and provision has accordingly been incorporated as R.2 Chapter XXVI Kerala Education Rules. 3. Government therefore clarify that Government teachers who have completed 12 years of service as High School Assistants shall alone be eligible for the higher scale of pay of high school assistants. Clause.2 in para 1 of the G.O. read above will be deemed to have been amended accordingly with effect from the date of issue of the original orders i.e. 26-10-1968." The same position was again reiterated by the State Government in GOMS.131/67/Edn. dated 31-3-1967-Ext. R.9. Para.2 of that order which is material for our present purpose is in the following terms: "Rule 2, Chapter XXVI K.E.R. prescribes 12 years continuous service as graduate teachers II Grade, for their promotion to Grade I In G.O. (MS) 528/Edn. dated 12-10-1966 this service qualification has been extended to language teachers also in aided high schools. Government now order, in consultation with the Kerala Public Service Commission that 12 years continuous service as High School teachers, Grade II be uniformly prescribed as the service qualification required for promotion of language teachers to Grade I with effect from 1-7-1966," It is to be remembered that the provisions of condition No. 2 of G.O. MS. 463/68/Edn. Government now order, in consultation with the Kerala Public Service Commission that 12 years continuous service as High School teachers, Grade II be uniformly prescribed as the service qualification required for promotion of language teachers to Grade I with effect from 1-7-1966," It is to be remembered that the provisions of condition No. 2 of G.O. MS. 463/68/Edn. dated 26-10-1968 apply equally to graduate teachers and language teachers of Government schools as well as such teachers of aided schools. It is significant to notice that R.2 of Chapter XXVI of the Kerala Education Rules lays down as follows: 'There shall be two scales of pay for High School Assistants including H. S. As. (Language) of aided Schools as in the case of High School Assistants including High School Assistants (Languages) in Government School. Those who have completed 12 years of continuous service as High School Assistants shall be given the higher scale of pay and the other shall be given the lower scale of pay." This rule in its present form was substituted by a notification dated 22-10-1971. 16. Unfortunately none of the above aspects had been brought to the notice of this court by the State Government or the departmental officers who were parties to the writ petitions in which the unreported judgments referred to above were rendered, and in those circumstances this court had proceeded to interpret the terms of G.O. MS. 463/68/Edn. dated 26-10-1968 solely on the basis of the language used in condition No. 2 incorporated therein. In the light of the factual background now placed before us in the shape of prior Government orders and the statutory rule, namely, R.2 of Chapter XXVI of the Kerala Education Rules, we do not find it possible, with respect, to accept, as correct the view taken in the aforementioned unreported judgments that the condition for eligibility prescribed in the G.O. dated 2610 1968 does not contain a stipulation that the requisite period of twelve years of service should have been rendered only as high school language teacher and that the entirety of the service actually put in by a teacher, irrespective of whether it was in the primary grade or the high school grade, is liable to be taken into account for determining his eligibility for the benefit of the higher scale. In our opinion, the correct interpretation to be placed on condition No 2 incorporated in G.O. MS. 463/68/Edn. dated 26101968 is that a high school language teacher would become eligible for the grant of higher grade only on his completing twelve years of service as language teacher in high school classes. We accordingly hold that the contrary view expressed in the unreported decisions referred to above cannot be regarded as correct or sound. 17. As already pointed out, it has been laid down by this court by the judgment Ext. P9 (OP. No. 631 of 1971) that the periods during which a language teacher was working exclusively in high school classes should be counted as 'high school service' for the purposes of reckoning his eligibility for the grant of the higher grade. We cannot accept the stand taken by the respondents that it will not be possible to ascertain whether the petitioners were factually working exclusively in the high school classes while they were in the service of the District Board. It has been categorically averred in the original petitions that in the set up that obtained in the higher elementary and secondary schools in the Malabar area only Malayalam language was taught in the primary classes and other languages like Hindi were taught only in the high school classes. This is a matter which is easily capable of being authentically verified. It should also be possible to find out by scrutiny of the relevant school records and the service registers of the petitioners whether they were exclusively working in the high school classes during any period of their service under the District Board, Municipalities etc. No such investigation has however, been conducted by the respondents in spite of the clear directions issued by this court in the judgments evidenced by Exts. P8 and P9. We have already indicated that the stipulation contained in Ext. P13 that no arrears of salary will be paid to the teachers for the period prior to the date of the said order and that only notional promotions would be granted even after determining the dates of their attaining eligibility for such promotion is clearly contrary to the directions issued by this court in the earlier judgments to which the petitioners and the State Government were parties. The said stipulation contained in Ext. The said stipulation contained in Ext. P13 will stand quashed in so far as the petitioners in all these writ petitions are concerned. The orders Exts. P14 and P15 will also stand quashed in so far as they relate to the writ petitioners in these writ petitions. We direct the State Government and the Director of Public Instruction to immediately take up the question of determination of the correct dates of eligibility of the writ petitioners in these cases for the grant of the higher grade by reckoning the period of twelve years in the manner indicated in this judgement, namely, by including also such portions of their service rendered as teachers working exclusively in the high school classes in addition to the period of service put in by them as regular high school language teachers. After such determination is made the petitioners should forthwith be paid the arrears of salary due to them for the period commencing from the dates on which they attained eligibility for the grant of the higher grade and ending with the dates, if any, with effect from which they have been actually paid salary in the higher grade. Final orders in the matter should be passed by the State Government or the Director of Public Instruction within a period not exceeding three months from to-day. 18. The original petitions are disposed of on the above terms. The parties will bear their respective costs.