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2014 DIGILAW 1059 (PAT)

Sanjeeta Kumari @ Sangeeta Kumari v. State Of Bihar

2014-10-14

CHAKRADHARI SHARAN SINGH

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ORAL ORDER : 1. The petitioners seek a direction to the respondents to consider their cases for payment of regular pay scale of Rs.3050-4590/- which scale is admissible to an employee holding Class-III post. The petitioners were appointed on compassionate ground as Prakhand Teacher under Bihar Panchayat Elementary Teachers (Appointment & Service Conditions) Rules, 2006 (hereinafter referred to as 2006 Rules). Under the said Rules the Teachers appointed are entitled for fixed salary. The petitioners on the other hand, are claiming regular pay scale on the ground that they were appointed on compassionate ground under the Scheme of the State Government for such appointment and they are, therefore, entitled for regular scale in the light of the order of this Court in case of Brajesh Kumar Vs. State of Bihar and others (CWJC No. 10616 of 2009) and other analogous cases. He has also placed reliance upon Supreme Court judgment in case of Vishwanath Pandey Vs. State of Bihar and others in Civil Appeal No. 5090 of 2013 to contend that the petitioners are entitled for regular pay scale. 2. There is no dispute about the fact that the petitioners had earlier approached this Court by filing CWJC No. 2225 of 2007 seeking direction for their compassionate appointment. From the order of this Court dated 01.04.2011 passed in the said case, it will appear that the petitioners agreed before this Court that their cases may be directed to be considered for appointment on compassionate ground as Panchayat Teachers/Prakhand Teacher, relevant portion of the said order may be quoted here-in-below:- “That being so, when the learned Senior Counsel for the petitioners has stated before this Court that the petitioners have no object and are ready to accept the appointment on the post of Prakhand Shikshak/Panchayat Shikshak, this Court would direct the respondents to do the needful by considering the case of the petitioner nos. 2 to 12 and take a final decision with regard to their compassionate appointment within a period of six months from the date of receipt/production of a copy of this order.” 3. Since the petitioners themselves gave consent for their appointment as Panchayat Teacher on fixed salary, now they cannot raise a grievance and claim that they should be given regular scale instead of fixed salary which is being paid to the other similarly situated Panchayat Teacher/Prakhand Teacher. Since the petitioners themselves gave consent for their appointment as Panchayat Teacher on fixed salary, now they cannot raise a grievance and claim that they should be given regular scale instead of fixed salary which is being paid to the other similarly situated Panchayat Teacher/Prakhand Teacher. In the appointment letter, on the strength of which the petitioner was appointed, it was specially mentioned that the petitioners will get fixed salary of Rs.4000/- which was than admissible to Panchayat Teachers. Petitioners accepted such appointment and are working as such. In my opinion, now they cannot raise a claim for payment of regular pay scale on the ground that they were appointed on compassionate ground under the Scheme of the State Government. 4. The other aspect of the matter is that to me it sounds inequitable to allow higher salary to a Panchayat Teacher/Prakhand Teacher appointed on compassionate ground than the Panchayat teacher/prakhand teacher appointed on the basis of their own merit after following due process of selection for discharging same duties. It appears to me that this will be violative of Articles 14 and 16 of the Constitution of India. I do not find any merit in this application. This application is accordingly, dismissed.