Punjab & Haryana High Court

The Punjab & Haryana High Court has made it clear that the computer teachers recruited under the Punjab Information and Technology Education Society (PICTES) are required to be governed by the Punjab Civil Service (PCS) Rules.

Justice Sureshwar Thakur and Justice Vikas Suri said, “Reiteratedly since the letters of appointment have been issued in the name of the Governor of Punjab, therebys, there cannot be any subsequent thereto alteration in service conditions, as may be becomes envisaged in the Service Rules, 2024. If the said is done, it would be breaching the terms and conditions of the appointment letter, which would be grossly impermissible, as therebys the inviolable contract of employment would become breached.”

The Court noted that when in terms of the letter of appointment, this Court, has declared that the provisions of Article 309 of the Constitution of India, do become pinpointedly favourably attracted vis-a-vis the present petitioners, inasmuch as, therebys, they are deemed to be not only occupiers of civil posts but also are deemed to be appointed to public services and posts in connection with the affairs of the Government of Punjab.

The Court was hearing a reference plea wherein it considered the question, “Whether the employees of the Society are appointed on the civil posts.”

The petitioners, including the Computer Teachers Welfare Society and individual petitioners, were appointed as computer faculty and teachers in government schools on a contractual basis under the Information and Communication Technology (ICT) Project.

The PICTES, a society registered under the Societies Registration Act, was formed in 2005 to manage employment. Over time, these teachers were regularized by the Punjab Government, and an order was issued in 2010 under the name of the Governor of Punjab, confirming their status as regular employees under PICTES.

The dispute arose over the service conditions, pay scales, and benefits and the application of Punjab Civil Services (PCS) Rules to the petitioners.

Another issue which was considered before the Court was whether they should receive benefits at par with vocational masters employed directly under the Education Department.

The single judges had given conflicting opinions with respect to the application of the PCS Rules on the employees of the PICTES.

After hearing the submissions, the Court opined that the PICTES Society, is performing functions and duties alike the ones, which are performed by the Government of Punjab.

The Court further said that, “since the PICTES Society is a wing or Department, of the Government of Punjab, thus created only for achieving the constitutional goal of imparting education to the students, who are undertaking education in the Government schools concerned.”

The bench rejected the single judge’s opinion that despite the PICTES Society being an instrumentality of the State, since it has a different persona and character from the Government of Punjab, its employees are not deemed to be employees of the Government of Punjab.

Consequently, it opined that the petitioners are entitled to pay parity with vocational masters and struck down arbitrary distinctions between vocational masters and computer faculty.

Title: COMPUTER TEACHERS WELFARE SOCIETY(REGD) Vs STATE OF PUNJAB AND ORS

Citation: 2025 LiveLaw (PH) 104

Click here to read/download the order

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