Research › Search › Judgment

Allahabad High Court · body

2009 DIGILAW 778 (ALL)

GANGOTRI DEVI GAUTAM v. STATE OF U P

2009-03-16

S.U.KHAN

body2009
S. U. KHAN, J. Heard learned counsel for the parties. 2. Petitioner Nos. 1 and 2 are Assistant teachers in Government Girls Intermediate College (G. G. I. C.) Phoolpur, district Allahabad. Petitioner Nos. 3 to 6 are Assistant teachers in G. G. I. C. Shankergarh, district Allahabad. Petitioners are teaching to Junior High School Classes (I to VIII ). The qualification of all the petitioners is Inter B. T. C. Petitioners were appointed on different dates in the year 1991. In pursuance of an earlier judgment given in the writ petition No. 7784 of 1989 filed by Government Teachers Association (Rajkiya Shikshak Sangh) Government passed a Government Order on 8. 7. 1992 granting new pay scale/revised pay scale to Assistant teachers in Government Girls Junior High Schools and Primary Schools. 3. In para 7 of the writ petition it has been stated that the colleges in which petitioners are teaching were initially established as Government Junior High Schools imparting education from Class I to Class VIII and afterwards they were upgraded to High schools and thereafter Intermediate Colleges. It has also been stated that there are 31 other Government Girls Intermediate Colleges in district Allahabad which were initially Junior High Schools. 4. After the acceptance of recommendations of 5th Pay Commission by the Central Government, Government of U. P. issued directions for providing the benefit of the same to the teachers also. Thereafter, Joint Director of Education Allahabad through order dated 1. 4. 2002 directed the Principals of Government Colleges including the colleges in which petitioners are working to pay the salary in the revised pay scale to the teachers. However, salaries in the revised pay scale were not paid to the petitioners. Accordingly, petitioners along with another similarly situate teacher Smt. Anita Kesarwani filed writ petition No. 18684 of 2003 in which an interim order was passed on 15. 10. 2004 and thereafter revised pay scale was paid to the petitioners and Smt. Anita Kesarwani. However, through order dated 31. 3. 2005 Joint Director of Education reverted the petitioners to the old pay scale and directed recovery of the amount paid in excess due to applicability of revised pay scale. Consequent order was passed on 3. 5. 2005. Thereafter petitioners filed another writ petition being writ petition No. 41860 of 2005. Both the writ petitions were disposed of on 24. 7. 2005 Joint Director of Education reverted the petitioners to the old pay scale and directed recovery of the amount paid in excess due to applicability of revised pay scale. Consequent order was passed on 3. 5. 2005. Thereafter petitioners filed another writ petition being writ petition No. 41860 of 2005. Both the writ petitions were disposed of on 24. 7. 2006 directing the respondent No. 2 Joint Director of Education, Allahabad to decide the matter. Meanwhile, Smt. Anita Kesarwani was continued to be paid revised pay scale. 5. Respondent No. 2 through order dated 8. 11. 2006 rejected the claim of the petitioners. Said order is contained in Annexure 11 to the writ petition and has been challenged through this writ petition. 6. In the impugned order it has been mentioned that the pay scale which is claimed by the petitioners and which was erroneously paid to them for some time is admissible only to teachers of Government Basic Schools (Class I to VIII) and not to the teachers of Government Secondary Schools and Colleges (Class IX to XII ). It has further been mentioned that as far as Smt. Anita Kesharwani is concerned, as soon as she came to know that the revised pay scale is applicable only to teachers teaching in B. T. C. Grade in Basic Schools, she got herself transferred to Government Girls Senior Basic School Shuklpur, Allahabad hence the revised pay scale was continued to be paid to her. 7. In my opinion, the distinction drawn in the impugned order is imaginary and not real. The pay scale admissible to B. T. C. Grade teachers who are teaching Classes as I to VIII is payable irrespective of the fact as to whether the school in which they are teaching is only Junior High School or Junior High School is part of High School or Intermediate College. Moreover, the fact that a teacher may be transferred from Junior High School to a Junior High School Section of a High School or Intermediate College amply proves that there cannot be any distinction in the pay scale of the two. 8. During argument learned counsel for the petitioners categorically stated that none of petitioners had any objection if she was transferred to any Junior Girls High School in the district. 8. During argument learned counsel for the petitioners categorically stated that none of petitioners had any objection if she was transferred to any Junior Girls High School in the district. Upgradation of Government girls school cannot have an adverse effect upon salary of the existing teacher or the future benefits which may accrue to him. 9. Accordingly, writ petition is allowed and impugned order is set aside. It is directed that revised pay scale as was being paid to the petitioners in pursuance of interim order dated 15. 10. 2004 passed in writ petition No. 18684 of 2003 shall be paid to the petitioners. There is absolutely no question of recovery. By way of abundant precaution it is directed that same salary which is being paid to Smt. Anita Kesharwani shall be paid to the petitioners. The arrears shall be paid within six months from today failing which 1% per month interest shall be payable thereupon since after six months till actual payment. 10. Office is directed to supply a copy of this order free of cost to learned Chief Standing Counsel within a week. .