Krishna Kumar Mishra, son of Sant Vilash Mishra v. State of Jharkhand through its Secretary, Social Welfare Department, Ranchi
2003-09-23
TAPEN SEN
body2003
DigiLaw.ai
Order Heard Mr. Dhananjay Dubey, learned counsel for the Petitioner and Mr. Rupesh Kumar, J.C. to S.C.- I and with their consent, this case is being disposed off at this stage. 2. The Petitioner claims the scale of Rs. 7,500-12,000/- with effect from the date when the Blind School at Ranchi was upgraded into a full fledged middle school vide letter dated 20.12.1999 which was subsequently followed up by yet another letter dated 4.1.2000. In spite of the aforesaid, the Petitioner has not received any positive response although he had specifically mentioned about the aforementioned letters in his representations. The copy of the letter dated 20.12.1999 was produced in Court and the same shall be kept in the records of this case. 3. The Petitioner also claims parity in scale i.e. Rs. 6,500-10,500/- at par with that of the Headmaster of the Deaf and Dumb School at Patna/Deoghar with effect from 1.1.1996 in terms of the resolution dated 8.2.1999 which was published in the Bihar Gazette Extraordinary on 13.2.1999 vide Annexure-A appended to the Counter Affidavit which indicates that revised scales of pay shall come into effect from 1 .1.1996 but the actual payment would be with effect from 1.4.1997. What is interesting to note is that prior to this notification, the pay scales of a Headmaster of the Blind School at Ranchi and of the Headmaster of the Deaf and Dumb School at Patna/ Darbhanga were Absolutely identical, i.e. Rs. 1,800-3,330/- but, with the issuance of the said Notification, the same scale in relation to Ranchi was fixed at a lower grade of Rs. 5,500-9,000/- while the Patna/ Darbhanga scale of the Headmaster was fixed at a higher grade of Rs. 6,500-10,500/-. 4. At running page-73, serial number 30 shows that the revised scale of a Head Master of the "Deaf-and-Dumb" Middle School at Patna and Darbhanga was fixed at Rs. 6,500-10,500/-. According to Mr. Rupesh Kumar however, the scale to which the Petitioner is entitled is serial number 13 which is meant for the Head Master of the "Blind" School at Ranchi. Although the earlier corresponding scale is the same i.e. Rs. 1,800-3,330/-, yet the revised scale has been shown to be Rs. 5,500-9,000/and not Rs. 6,500-10,500/-. 5.
6,500-10,500/-. According to Mr. Rupesh Kumar however, the scale to which the Petitioner is entitled is serial number 13 which is meant for the Head Master of the "Blind" School at Ranchi. Although the earlier corresponding scale is the same i.e. Rs. 1,800-3,330/-, yet the revised scale has been shown to be Rs. 5,500-9,000/and not Rs. 6,500-10,500/-. 5. There is no rationale behind such a disparity in the pay scales nor have the Respondents been able to establish as to why a person at Patna/Darbhanga who was' getting the same scale as a person at Ranchi should be allowed to draw a higher scale and as to why the person at Ranchi should draw a lower scale. 6. It is indeed very shocking and pathetic to note that even a physically handicapped person and that too a blind Head Master has been compelled to knock the doors of this Court. It is also equally pathetic to note that the State authorities have, in fact, been blind to a blind man's grievances by not even bothering to dispose off his representations which he had filed repeatedly by Annexures-6 and 9 series. . 7. This Court does not find any reasonable rationale in giving a lower pay scale to the Head Master of the "Blind" School at Ranchi and a higher pay scale to the Head Master of a ''Deaf-and-Dumb'' Middle School of Patna and Darbhanga although their initial scales were absolutely identical i.e. Rs. 1,800-3,330/-. The argument of Mr. Rupesh Kumar Singh to the effect that the Patna/Darbhanga Schools were in relation to "Deaf-and-Dumb" persons whereas the school at Ranchi was only in relation to "blind" persons, does not find any merit before this Court. 8. A physically handicapped person, is a physically handicapped person and therefore, whether he is "deaf-and-dumb" but not "blind" and "blind" but not "deaf-and-dumb" are absolutely irrelevant considerations which amount to creating a hostile discrimination in relation to physically incapacitated persons who are, by sheer misfortune, not fully able bodied persons. The fact remains that all the deformities of being "deaf", "dumb" and "blind" may not be combined in one person and one may be either "deaf-and-dumb" or "blind" or "deaf-and-blind" or just "blind".
The fact remains that all the deformities of being "deaf", "dumb" and "blind" may not be combined in one person and one may be either "deaf-and-dumb" or "blind" or "deaf-and-blind" or just "blind". However they are all physically disabled persons and any attempt to classify them separately and give them different treatments not only amounts to an unreasonable classification but also amounts to creating a class within a class. It also runs counter to the great equality clause enshrined under Articles 14 and 16 of the Constitution of India. Therefore, the Notification is so far as it attempts to giving a higher pay scale to the "deaf-and-dumb" Head Master of Patna and Darbhanga and a lower scale to the "blind" at Ranchi is held to be irrational and contrary to Articles 14 and 16 of the Constitution of India. 9. The Government should have come forward with their arms wide open to support and help such persons and should not have forced them to come to the Court to seek justice. The doors of justice for such people should have opened on the first knock of the Petitioner and the Government should have immediately responded and redressed but, unfortunately, they have forced the Petitioner to come to this Court. 10. Consequently, this Writ Application is allowed and the Petitioner is held to be entitled to the scale of Rs. 7,500c 12,000/- with effect from the date when the Blind School at Ranchi was upgraded into Middle School vide letters dated 20.12.1999 and 4.1.2000 and also to the scale of Rs. 6,500-10,500/- with effect from the date specified in the Notification. The Respondent authorities are directed to do needful within a period that must see implementation of this Order before the Petitioner actually retires. All payments must accompany cost which is quantified at Rs. 5,000/-.