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Jharkhand High Court · body

2017 DIGILAW 1717 (JHR)

Leela Nand Jha v. State of Jharkhand

2017-10-04

S.N.PATHAK

body2017
ORDER : S.N. PATHAK, J. 1. Heard learned counsel for the petitioner and learned J.C. to GP-I for the State. 2. The petitioner has approached this Court with a prayer for direction to the respondents to pay annual increment from 1.1.2006 till date in view of memo No. 1185 dated 2.6.2012, issued by respondent No. 2. 3. The facts as derived from the writ petition are that the petitioner was appointed as Assistant Teacher in the St. Columbus Collegiate School, Hazaribagh a minority school, on 17.2.1986 in the scale of Rs. 850-30-1300. It has been stated that respondent No. 2 issued a notification being memo No. 1185 dated 2.6.2012, wherein it was resolved that the employees of the State Government are entitled to get one annual increment on 1.1.2006 in unrevised scale whose annual increment falls between the month of February to June 2006 and petitioner's annual increment is payable in the month of February but the same was not paid to him. The petitioner preferred representation before respondent No. 4 with a request to pay annual increment in unrevised scale in view of memo No. 1185 dated 2.6.2012, issued under the signature of respondent No. 2. The respondent No. 4 sought clarification from respondent No. 5 i.e. District Education Officer, Hazaribagh regarding payment of annual increment in unrevised scale to the teachers and staff of the minority school at Hazaribagh. It has further been submitted that in similar matters, the Regional Deputy Director of Education, South Chhotanagpur, Ranchi vide letter No. 653 dated 19.7.2013, had instructed the District Education Officer, Ranchi that in view of memo No. 1185 dated 2.6.2012, the teachers and staff of the minority school are also entitled to get benefits of one annual increment on 1.1.2016 in unrevised pay-scale. It is the specific case of the petitioner that all other teachers and staff of the minority school in the State of Jharkhand are getting the same benefits but the petitioner has been denied arbitrarily. As no decision has been taken regarding payment of one annual increment on 1.1.2006 in unrevised pay-scale in view of notification dated 2.6.2012, issued by the respondent No. 2, the petitioner has knocked the door of this Court. 4. Mr. As no decision has been taken regarding payment of one annual increment on 1.1.2006 in unrevised pay-scale in view of notification dated 2.6.2012, issued by the respondent No. 2, the petitioner has knocked the door of this Court. 4. Mr. Pradeep Kumar Prasad, learned counsel appearing for the petitioner argues that respondent-authorities have taken a discriminatory view by not giving the benefits of one annual increment on 1.1.2006 though the same has been granted to other teachers and staff of the minority school. Learned counsel further argues that in view of notification dated 2.6.2012 issued under memo No, 1185, petitioner is also entitled for one annual increment on 1.1.2006. Learned counsel gathers strength from the letter dated 19.7.2013, issued by the Regional Deputy Director, which says that the teachers and staff of the minority school are also entitled for payment of the annual increment on 1.1.2006 where date of increment falls between February, 2006 to June, 2006 and the same may be extended to them. 5. Per contra counter-affidavit has been filed by the respondents. Learned counsel appearing for the respondents vehemently opposes the contention of the petitioner and submits that in absence of any specific notification regarding minority school, the respondents are unable to extend the benefit of annual increment on 1.1.2006 in unrevised scale to the petitioner. Learned counsel draws the attention of the Court towards para-13 of the counter-affidavit and submits that a direction may be given to the Director, Secondary Education, Govt. of Jharkhand, Ranchi to issue a fresh notification if at all the petitioner is entitled for payment of annual increment on 1.1.2006 in unrevised scale in view of notification dated 2.6.2012 issued under memo No. 1185. 6. Be that as it may, having gone through the rival submissions of the parties, this Court is of the considered view that the case of the petitioner needs consideration. Similarly situated persons (teachers and staff of the minority school) have already been granted the benefits of one annual increment on 1.1.2006 in the unrevised pay-scale and in view of that, I do not think that there is need of fresh notification, otherwise in absence of that notification, how payments were given to other similarly situated staff and teachers of the minority school. 7. 7. As a cumulative effect of the aforesaid rules, observations, guidelines, I hereby direct the respondents-Director, Secondary Education, Human Resources Department, Govt, of Jharkhand, Ranchi to extend the benefits of one annual increment on 1.1.2006 in unrevised pay-scale to the petitioner with consequential benefits, if any, within a period of six weeks from the date of receipt/production of a copy of this order. Resultantly, the writ petition stands allowed.