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2017 DIGILAW 1590 (JHR)

Subodh Kumar Mishra v. State Of Jharkhand

2017-09-01

S.N.PATHAK

body2017
JUDGMENT S.N. Pathak, J. – The petitioners have approached this Hon''ble court with a prayer for quashing of the order as contained in memo no. 1559 dated 25.8.14 issued by the Director, Secondary Education (respondent no. 2) by which the grievance of the petitioner has been rejected in complete violation of the rules/regulations/policies/Government orders applicable in respect of the petitioner. Further, prayer has been made for grant of promotion/financial benefits w.e.f. the date of completion of 12 years or 24 years of service from the date of initial appointment and also for grant of senior scale or selection grade scale after completion of 12 years or 24 years of service which has not been granted till date, in view of the Finance Department Resolution No. 6022 dated 18.12.1989. Factual Matrix: 2. It has been stated that the present petitioners were appointed as Assistant Teachers in Project High Schools in the year The Project High Schools were established pursuant to the Policy Decision of the State Government whereby several posts were announced for appointment of Teaching and Non-Teaching Staff. It has been further stated that Govt. of Bihar, Department of Education by its memo no. 705 dated 12.10.1982 issued a circular for establishing the Project Schools and structures of payment for the Teaching & Non-Teaching staff, the said circular was floated as guidelines dealing with several provisions of establishment of schools, strength of teaching and non-teaching staff and emoluments. In accordance with the said policy decision the Project High Schools in which the petitioners were working were taken over and started in the year 1982 and appointments were accordingly made. Subsequently, the circular was issued by the Govt. of Bihar, Department of Education by its Memo no. 405 dated 19.07.1986 whereby it was provided that teachers of the Project Schools which were opened under the scheme in the year 1981-82 shall be paid their salaries at the prescribed scale and the scale of Trained Graduate Teachers was fixed at Rs. 8501360 and that of Untrained Teachers were fixed at Rs. 7851210 and was to take effect from 01.04.1986. The petitioners after their appointment and on training were allowed Graduate Trained Scale and since then the petitioners has been drawing Graduate Trained scale. The case of the petitioners was also referred to the respondent-authorities vide Memo no. 1781 dated 11.09.2015 but no action has been taken by the respondents. 3. 7851210 and was to take effect from 01.04.1986. The petitioners after their appointment and on training were allowed Graduate Trained Scale and since then the petitioners has been drawing Graduate Trained scale. The case of the petitioners was also referred to the respondent-authorities vide Memo no. 1781 dated 11.09.2015 but no action has been taken by the respondents. 3. Learned counsel for the petitioners submits that the petitioners have worked for about 30 years as Assistant Teacher having no adverse remarks and as such the petitioners are entitled to grant of A.C.P. by promoting the petitioners to senior scale or selection grade scale as per Rule and non-granting of the same by the respondents is wholly arbitrary and unsustainable in the eye of law. It is further stated that other similarly situated persons have been given the benefits of A.C.P. but the present petitioners have been denied for the same and hence the petitioners have preferred the present writ petition. 4. Per contra counter-affidavit has been filed. Mr. Dhananjay Dubey, the learned senior counsel draws the attention of the court towards paragraph 6 and 7 of the counter-affidavit: "It states that vide Notification of School Education and Literacy Department, Jharkhand, Ranchi having issue no. 434 dated 01.03.2016, the power to grant Senior (Variya) Pay Scale to Secondary teachers has been given to District Level Establishment Committee headed by the Deputy Commissioner. That after receiving the Resolution No. 434 dated 01.03.2016 the District Education Officer, Hazaribagh submitted the proposal to grant Senior (Variya) Pay Scale to secondary teachers in the Meeting of District Level Establishment Committee, Hazaribagh dated 28.10.2016 and 31.12.2016 as per the Rule no. 06 (i) of the resolution. The District Level Establishment Committee, Hazaribagh has decided to grant Senior (Variya) Pay Scale (Scale 930034800, Grade Pay-4800) to 56 secondary teachers in which Mr. Subodh Kumar Mishra, Assistant Teacher, Project High School Charhi was listed at sl. no. 24 and Mr. Jay Nandan Prasad, Assistant Teacher, Project High School Rampur, Chouparan was listed at sl. no. 09". 5. Learned counsel for respondents argues that the case of petitioners has already been considered and the District Level Establishment Committee, Hazaribag has decided to grant Senior (Variya) Pay Scale (Scale 9300-34,800, Grade Pay-4800) to 56 Secondary Teacher in which Mr. Subodh Kumar Mishra, Assistant Teacher, Project High School, Charhi and Mr. no. 09". 5. Learned counsel for respondents argues that the case of petitioners has already been considered and the District Level Establishment Committee, Hazaribag has decided to grant Senior (Variya) Pay Scale (Scale 9300-34,800, Grade Pay-4800) to 56 Secondary Teacher in which Mr. Subodh Kumar Mishra, Assistant Teacher, Project High School, Charhi and Mr. Jay Nandan Prasad, Assistant Teacher, Project High School Rampur, Chouparan has also been considered and granted the Pay Scale. 6. Further it has been submitted by learned counsel for the petitioner, Mr. Rajeev Ranjan Tiwari that though the respondents have considered the case of petitioners for grant of Senior Pay Scale but the actual benefit has not been extended till date. Mr. Tiwari further argues that even the case of petitioners have not been considered for Selection Grade and as such a direction may be given to the respondents to grant actual monetary benefit for which the petitioners are entitled and also to consider their case for selection grade. 7. Be that as it may having gone through the rival submissions of the parties this court is of the considered view that since the case of petitioners have already been considered by the respondents in view of paragraph 7 of the counter-affidavit, I hereby direct the respondents to grant the actual benefits accrued to them in view of the Senior Pay Scale and also consider their case for grant of selection grade in accordance with law and in view of the rules as floated by the State of Jharkhand dated 01.03.2016. 8. Let the entire exercise be completed within a period of 8 weeks from the date of receipt of a copy of this order. Needless to say if the petitioners are found entitled for the aforesaid benefits the same may be extended to them within a further period of four weeks. 9. The writ petition stands allowed.