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2013 DIGILAW 731 (UTT)

MAHESH CHANDRA MURARI v. STATE OF UTTARANCHAL

2013-11-20

ALOK SINGH

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JUDGMENT Hon’ble Alok Singh, J (Oral). Mrs. Beena Pandey, learned Standing Counsel appearing for the State of Uttar Pradesh submits that despite her writing several times, narratives were not made available to her to file counter affidavit. Further contends that narratives could not be prepared by the Department since entire service records of the petitioners are with the State of Uttarakhand. 2. Present petition has been filed assailing the order dated 23.8.2006 passed by respondent no. 1, thereby rejecting the representation of the petitioners and further to issue a writ of Mandamus commanding the respondents to pay salary to the petitioners in the pay-scale of Rs. 7,500–12,000/-, as is admissible to Assistant Teachers of Government Model School and further to pay all the arrears. 3. Brief facts of the present case, inter alia, are that petitioners were initially appointed on the post of Assistant Teacher in Government Model School in the pay-scale of Rs. 200–320/-. Since petitioners were having higher educational qualification, therefore, their services were transferred to Government Intermediate College, while some of the colleagues of the petitioners working in Model Schools, who were not having higher qualifications as petitioners had, were retained in Government Model Schools. 4. Pursuant to the recommendations made by 3rd Pay Commission, pay-scale of the petitioners was revised to Rs. 400–620. The Association of teachers serving in Government Model Schools filed writ petition being Writ Petition No. 602 of 1985 claiming the pay-scale of Rs. 400–620 saying that Assistant Teachers serving in Government Model School were at par with Assistant Teachers serving in Government Intermediate College. Assistant Teachers serving in Model School were granted pay-scale of Rs. 400–620 treating them at par with Assistant Teachers of Government Intermediate College with effect from 1.7.1987 vide Government Order dated 20.10.1987. Thereafter, on the recommendation of 4th Pay Commission, pay-scale of Assistant Teacher serving in Government Model School was revised to Rs. 1350–2070/-. Pay-scale of the petitioners teaching in Government Intermediate College was also revised to the pay-scale of Rs. 1350–2070 treating the petitioners/Assistant Teachers serving in Government Intermediate College at par with the Assistant Teachers serving in Government Model School with effect from 1.1.1986. On completion of 10 years continuous satisfactory services, petitioners were granted selection grade of Rs.1450 –2190 vide Government Order dated 23.6.1996. Vide Government Order dated 20.12.2001 issued by the State of Uttarakhand, selection grade pay-scale of Rs.1450–2190 was revised to Rs. On completion of 10 years continuous satisfactory services, petitioners were granted selection grade of Rs.1450 –2190 vide Government Order dated 23.6.1996. Vide Government Order dated 20.12.2001 issued by the State of Uttarakhand, selection grade pay-scale of Rs.1450–2190 was revised to Rs. 6500 –10500 w.e.f. 1.1.1996. Petitioners ought to have been granted revised pay-scale of Rs. 6500–10500, however, petitioners were denied the revised pay-scale of selection grade, whereas their counterparts serving in Government Model School were granted the same. Feeling aggrieved, petitioners have approached this Court. 5. It is not denied either by the State of Uttar Pradesh or by the State of Uttarakhand that in Writ Petition No. 602 of 1985, Assistant Teachers serving in Government Model School were treated at par with the Assistant Teachers of the Government Intermediate College and were granted same pay-scale, which was being paid to the Assistant Teachers of Government Intermediate College. It is also not denied that after completion of 10 years of continuous satisfactory services, petitioners were granted selection grade of pay of Rs. 1450–2190. It is also not denied that selection grade of pay of Rs.1450–2190 was revised to Rs. 6500-10500 with effect from 1.1.1996 vide Government Order dated 20.12.2001. It is also not denied that revised selection grade pay-scale of Rs.1450–2190 to Rs. 6500 –10500 was being paid to the Assistant Teachers, Government Model School, which were treated at par with the Assistant Teacher of Government Intermediate College. 6. In the considered opinion of this Court, since Assistant Teacher working in Government Model School were treated at par with Assistant Teachers serving in Government Intermediate College and since petitioners were granted selection grade pay of Rs.1450–2190, therefore, revised selection grade pay of Rs. 6500 –10500 should also be paid to the petitioners. In the further opinion of this Court, after completion of 20 years of continuous satisfactory service, the petitioners are also entitled for pay-scale of Rs. 7500–12000, as is being paid to the Assistant Teachers, Government Model School. 7. Now, important question arises, as to whether State of Uttar Pradesh will pay the arrears to petitioners or the State of Uttarakhand will pay the arrears to petitioners. Hon’ble Apex Court in the case of State of Uttarakhand and others v. Umakant Joshi reported in 2012 (1) U.D. 583 has held that financial liability prior to the appointed day would be of State of Uttar Pradesh. 8. Hon’ble Apex Court in the case of State of Uttarakhand and others v. Umakant Joshi reported in 2012 (1) U.D. 583 has held that financial liability prior to the appointed day would be of State of Uttar Pradesh. 8. Consequently, writ petition is allowed. Petitioners are held to be entitled for the revised selection grade of pay of Rs. 6500 –10500 with effect from 1.1.1996 and further, the petitioners are also held to be entitled for pay-scale of Rs. 7500 –12000 after completion of 20 years of continuous satisfactory service. Entire arrears prior to 9.11.2000 i.e. the appointed day shall be paid by the State of Uttar Pradesh and thereafter shall be paid by the State of Uttarakhand. Entire arrears shall be paid to the petitioners within four months from today.