Convenor Of Patna Zila Minority High Schools v. State Of Bihar
2000-01-04
SUDHANSU JYOTI MUKHOPADHAYA
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Judgment 1. Heard the counsel for the parties. 2. The petitioners school while alleged non-release of grant for payment of salary and other dues to its teachers by the State in time, made the following prayer: I. For issuance of appropriate writ/ direction commanding the respondents to make payment of arrears of salary to the petitioners as well as teaching and non- teaching staffs of their schools, which is due from October, 1996 to March, 1997 as well as from September, 1997 to till date with bank interest and further to make payment of current salary to them month to month. II. For issuance of appropriate writ/ direction commanding the respondents to make full payment of salary to the petitioners on monthly basis from treasury as well as teaching and non-teaching staffs of their schools like Nationalised High Schools of the State of Bihar. III. For issuance of appropriate writ/direction commanding the respondents to make payment of difference of arrears ofsalary of pay-scale which is due since March, 1989 to May, 1992 to the petitioners and their schools staffs. IV. For issuance of appropriate writ/ direction commanding the respondents to make payment of difference of salary of selection grade and time bound promotion from due date to the petitioners as well as teaching and non- teaching staffs of their schools. V. For issuance of appropriate writ/ direction commanding the respondents to make payment of arrears of interim relief to the petitioners including other teaching and non-teaching employees of their schools, which is due from January, 1994 at the rate of Rs. 100/- per month again further from January, 1995 to December, 1996 at the rate of 10% per month more further from January, 1997 to March, 1998 further at the rate of 10% per month and from April, 1998 to tifi date further at the rate of 10% per month. The aforesaid interim relief has been increased from time to time by the Government order. VI. For issuance of appropriate writ/direction commanding the respondents to make payment of arrears of teaching allowance, which is due since June, 1991 to the petitioner no.2 to rests at the rate of Rs. 150/- per month and Rs. 100/- per month to Assistant teachers of their schools since January, 1995. VII.
VI. For issuance of appropriate writ/direction commanding the respondents to make payment of arrears of teaching allowance, which is due since June, 1991 to the petitioner no.2 to rests at the rate of Rs. 150/- per month and Rs. 100/- per month to Assistant teachers of their schools since January, 1995. VII. For issuance of appropriate writ/ direction commanding the respondents to make payment of teaching allowance, regional allowance, area allowance to non- teaching staffs, interim relief, bonus, uniform allowance to class IV staffs, leave travel concessions, group insurance coverage, washing allowances to class IV staffs and contingency etc. to the petitioners and teaching and non- teaching staffs of their schools like employees of Government Nationalised High Schools of the State of Bihar. VIII. For issuance of appropriate writ/ direction commanding the respondents to grant the petitioners and teaching staffs of their schools, senior selection grade, second time bound promotion and also grant facilities of compassionate appointment, building loan advance, marriage advance, motor cycle advance to them and other staffs of their schools as the Principals, other teaching and non-teaching staffs of the Government Secondary High Schools and Nationalised High Schools have been getting. IX. For issuance of appropriate writ/ direction commanding the respondents to give . all facilities of Government Nationalised High Schools concerning salary, interim relief, earn leave after retirement, payment of leave travel concession, bonus, T.A., P.A. two days special leave to woman teachers, provident fund facilities and leave encashment etc. to the petitioners as well as teaching and non-teaching staffs of their schools and also for grant of other relief for which they are found entitled at the time of hearing of the case." 3. By interim order dated 26.11.98, this Court directed the respondent- authorities to pay the admitted current salary of the petitioners school on a month to month basis and the admitted arrears of the petitioners school within stipulated period. The same having not paid, a Contempt petition being M.J.C. no. 895/99 was also preferred. 4. From the counter-affidavit and supplementary counter-affidavit, it appears that the respondents released the admitted dues and paid to most of the petitioners school. It is stated that arrears amounting to Rs. 4,37,61,500/- was D.E.O., Patna disbursed amount of Rs. 4,37,57,363/-. Further sum of Rs. 3,35,95,000/- was received by D.E.O., Patna on 7.12.1999 and process of payment was started immediately. 5.
From the counter-affidavit and supplementary counter-affidavit, it appears that the respondents released the admitted dues and paid to most of the petitioners school. It is stated that arrears amounting to Rs. 4,37,61,500/- was D.E.O., Patna disbursed amount of Rs. 4,37,57,363/-. Further sum of Rs. 3,35,95,000/- was received by D.E.O., Patna on 7.12.1999 and process of payment was started immediately. 5. Counsel for the petitioners submitted that the difference of salary for the period from March, 1989 to May, 1992; difference of salary on promotion to salection grade scale/time bound promotion; interim relief for the period from January, 1994 to December, 1994 @ 100/- per month and for the period from January, 1995 to December, 1996 by adding 10% thereon with further addition of 10% for the period from January, 1997 to March, 1998 and additional 10% from April, 1998 to till date have not yet been paid. The teaching allowance, regional allowance, area allowance to non-teaching staffs, bonus, uniform allowance to Class IV staffs, L.T.C. (Group insurance coverage, washing allowance to class-IV staffs, contingency allowance and other facility as being granted to the teaching and non- teaching employees of Government Nationalised High Schools, have not yet been paid. 6. From Counter-affidavit, though it appears that the revised scale of pay has been provided to the teachers of minority schools w.e.f. 1.1.1986 with stipulation that the arrears will be paid w.e.f. 1.3.1989, nothing specific has been stated relating to interim relief, bonus and other allowances. 7. It appears that the State Government by its resolution no. 179 dated 22.12.1981 decided to give medical allowance, house rent allowance etc. to the employees of the minority schools at par with the employees of taken over Government schools. Subsequently, vide resolution dated 20-02-1990, it was reiterated in view of afroside decision already taken by the State, I find no reason as to why the matter should be looked into by any other committee, when the authorities are required to implement the Government decision. 8.
Subsequently, vide resolution dated 20-02-1990, it was reiterated in view of afroside decision already taken by the State, I find no reason as to why the matter should be looked into by any other committee, when the authorities are required to implement the Government decision. 8. In the circumstances, I dispose of the writ petition with the following observations and directions: (a) Individual minority schools are given liberty to file representation before the Director, Secondary Education with a copy to D.E.O., Patna showing therein the dues to which one or other school is entitled in terms with Government decision aforesaid against one or other head like difference of salary on revision of pay; difference of salary on grant of selection grade scale/time bound promotion to one or other employee; arrears of interim relief of one or other period; allowances to which employees are entitled like teaching allowance, regional allowance, area allowance etc. as also the bonus for one or other period. They will give the details of employees, who are so entitled enclosing therein the formal order of promotion to selection grade scale/time bound promotion; if granted to one or other employee. On receipt of such representation, the Director, Secondary Education will take step and release the admitted cliam within three months, on receipt of which the D.E.O., Patna will disburse the same within one month thereof. If one or other claim of any one or other petitioners school is disputed, the Director, Secondary Education will give reason and communicate such decision to petitioners within the aforesaid period of three months. In such case it will be open to the petitioners school to challenge the decision, if it feels aggrieved. I may make it clear that the Director, Secondary Education will not await for decision of any committee but will act on the basis of Government decision as referred above including the resolution no. 179 dated 22.12.1981 and the resolution contained in Memo no. 237 dated 20.2.1990. The respondents are also bound to release the grant month to month to ensure payment of salary of the employees of Minority Schools. The writ petition stands disposed of, with the aforesaid observations/directions. Let a copy of this order be handed over to learned G.P.V.