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2018 DIGILAW 1038 (JHR)

Santosh Kumar Singh v. State Of Jharkhand

2018-05-09

S.N.PATHAK

body2018
JUDGMENT S.N. Pathak, J. - Petitioners have approached this Court with a prayer for a direction to the respondents, particularly respondent No. 3 to fix and make payment of the pay of the petitioners in "Grade-I scale" i.e. Matric Trained Basic Scale (12002400 revised pay-scale 4500-7000 as per 5th PRC) from the date of appointment of the petitioners in accordance with the Resolution No. 3027 dated 14.12.2015, issued under the pen and signature of Secretary, School Education & Literacy Department, Govt. of Jharkhand, Ranchi. Further prayer has also been made to pay arrears of salary of the petitioners on account of fixation of their pay in the Matric Trained Scale (Grade-I) notionally and to make actual payment from 15.11.2000 as per the resolution dated 14.12.2015. 2. The factual exposition as has been delineated in the writ petition is that the petitioners are working as Assistant Teachers in the district of East Singhbhum and they have joined their respective posts on 21.09.1994 but they have been denied the monetary benefits and even the notional benefits, though they were entitled for the same in view of resolution of the State Govt. dated 14.12.2015. The issue regarding grant of monetary benefits to the trained/ untrained teachers fell for consideration before this Hon''ble Court in W.P.S. No. 638 of 2006 and this Hon''ble Court vide its order dated 04.04.2008 had observed that in view of earlier decisions of this Hon''ble in other cases particularly, in W.P.S. No. 6264 of 2005 (Jharkhand Police Association vs. State of Jharkhand), the matric trained/ untrained teachers are also entitled for Grade-I scale from the date of their initial appointment. The order passed in W.P.S. No. 638 of 2005 was affirmed by the Hon''ble Division Bench of this Court in LPA No. 214 of 2008 and the same was also affirmed upto the Hon''ble Apex Court in SLP No. 5520-5522 of 2013. In view of the fact that the order passed in W.P.S. No. 638 of 2006 was affirmed upto the Hon''ble Apex Court, the State of Jharkhand came-out with a resolution dated 14.12.2015, issued under the pen and signature of the Secretary, School Education & Literacy Department, Govt. of Jharkhand granting therein the matric trained scale to the teachers from date of their initial appointment in case of their promotion to Grade-I and II. of Jharkhand granting therein the matric trained scale to the teachers from date of their initial appointment in case of their promotion to Grade-I and II. Though the issue is set at rest and it is no more res-integra, the same was not implemented by the State Govt. in true letter and spirit. Though the petitioners were granted Grade-I and II from the date of their initial appointment but they were denied the monetary benefits, which is dehors the rules. Aggrieved by the same, the petitioner represented before the respondent No. 3 but no orders have been passed till date and as such, petitioners have been constrained to knock the door of this Hon''ble Court. 3. Mr. Manoj Tandon, learned counsel assisted by Mr. Anant Kumar, learned counsel appearing for the petitioners strenuously urges that issue involved in this case is no more res-integra and the same is set at rest by the Hon''ble Apex Court. In view of the decision of the Hon''ble Apex Court, the State has also come-out with a resolution dated 14.12.2015 but the same has not been implemented in true letter and spirit and as such, a direction be given the respondents, particularly, respondent No. 3 to implement its own resolution dated 14.12.2015, in view of which petitioners are entitled for notional benefits from the date of their initial appointment and monetary benefits from 15.11.2000 as they have already been placed in Grade-I Scale from the date of appointment. 4. Though no counter-affidavit has been filed. However, Mr. Pratyush Lala, learned AC to GP-IV very fairly submits that the State is fully aware that issue is no more res-integra and the matter has been set at rest upto the Hon''ble Apex Court and in view of that, State has come-out with a resolution for granting monetary benefits/ notional benefits to the matric trained teachers from the date of their initial appointment but because of some unavoidable reasons, the same could not be implemented and several representations are pending before the respondents and as such, a decision is going be taken in this regard taking into consideration the decision of the Hon''ble Apex Court as well as their own resolution dated 14.12.2015. 5. 5. Be that as it may, having gone through the submissions of the parties and after perusing the relevant records, this Court is of the view that issue regarding giving benefits of Grade-I pay-scale fell for consideration before this Hon''ble Court and the Hon''ble Court had observed that teachers are entitled for benefits from the date of their initial appointment and the same was affirmed upto the Hon''ble Apex Court and hence, the issue is no more res-integra. The State Govt. has also come-out with a resolution No. 3027 dated 14.12.2015 for implementing the same regarding grant of benefits from the date of initial appointment but unfortunately, the same is not implemented so far. The teachers are suffering as they are not getting their benefits though the issue has been set at rest by the Hon''ble Apex Court. Thereafter, several writ petitions have been filed for the same relief and several orders have been passed by the Hon''ble Court for granting the benefits of Grade-I from the date of initial appointment. A very fair submission has been made by the learned counsel that if the petitioners are not entitled for monetary benefits from the date of their initial appointment, they are at least entitled for notional benefits from the date of their initial appointment and monetary benefits from 15.11.2000, as contained in para-15(iv) of the resolution dated 14.12.2015 and also in view of settled principles of law. This submission of learned counsel is appreciated by this Court. 6. As such, respondent No. 3 is directed to take a uniform decision in case of teacher for granting the benefits of Grade-I Scale keeping into account the decision of this Hon''ble Court in case of Arun Sinha & Ors. vs. the State of Jharkhand & Ors. passed in W.P. (S) No. 638 of 2006 which was affirmed upto the Hon''ble Apex Court and in view of the fact that State has already come-out with a resolution No. 3027 dated 14.12.2015. Needless to say that if the petitioners are entitled for the benefits as prayed for, in view of decision of the Hon''ble Apex Court and in view of resolution dated 14.12.2015, the benefits shall be granted to them, in accordance with law, within a period of 12 weeks from the date of receipt of a copy of this order. 7. Needless to say that if the petitioners are entitled for the benefits as prayed for, in view of decision of the Hon''ble Apex Court and in view of resolution dated 14.12.2015, the benefits shall be granted to them, in accordance with law, within a period of 12 weeks from the date of receipt of a copy of this order. 7. The State shall consider that each and every teachers are not required to knock the door of this Court for getting the said benefits and a decision to that effect shall be passed, granting the benefits to each and every teachers, who are entitled for the same, in accordance with law. 8. With the aforesaid observations and directions, the writ petition stands allowed.