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Meghalaya High Court · body

2019 DIGILAW 143 (MEG)

Binod Kumar Sah v. State of Meghalaya

2019-05-08

MOHAMMAD YAQOOB MIR

body2019
JUDGMENT : 1. By medium of this petition, petitioner seeks issue of writ of mandamus so as to command the respondents to grant him the pay scale of Rs.14,100 - 27510/- as admissible under 4th Pay Commission to the post of Graduate Scale. 2. Petitioner vide order dated 28.04.1993 on the recommendation of the District Selection Committee, East Khasi Hills District was temporarily appointed as Assistant Teacher, Hindi, and posted at Jirang Government High School in the pay scale of Rs. 1300-35-1470-EB-40-1755-45-2205/- per month plus usual allowance as permissible under the rules. On implementation of 3rd Pay Commission w.e.f. the year 1996 was placed in the revised pay scale of Rs. 4250-7170/-, with the implementation of 4th Pay Commission w.e.f. the year 2010 has been placed in the pay scale of Rs. 11,300 - 22,000/- (Graduate scale). 3. The claim of the petitioner for being placed in the pay scale of Rs.14,100 - 27,510/- is based on the qualification i.e., being graduate. 4. The respondents No. 2 and 4 in their affidavit-in-opposition have made the position clear by stating that the petitioner admittedly was appointed as Assistant Teacher, Hindi against the post of under-Graduate scale. For appointment to the post of under-Graduate scale, recommending authority is District Selection Committee and the appointing authority is District School Education Officer. As per 1st Pay Commission, the pay scale for Assistant Teacher was Rs.425 - 700/-, vide 2nd Pay Commission, the scale was revised to Rs.1300 - 2205/- and vide 3rd Pay Commission two scales were prescribed, one for the candidate having under-graduate qualification, another for Graduate Assistant Teacher. The petitioner being graduate was placed in the pay scale of Rs.4250 - 7170/-. As per 4th Pay Commission, revised pay scale for the post of under-Graduate scale for the teacher having qualification i.e., graduate Assistant Teacher is Rs.11,300 - 22,000/-. 5. It is also made clear that for the post of Assistant Teacher, Hindi (post of Graduate scale), the recommending authority is Meghalaya Public Service Commission, appointing authority is Director of School Education and Literacy. The different pay scales i.e., as per 2nd Pay Commission the pay scale for Assistant Teacher was Rs.1700 - 3070/- then, as per 3rd Pay Commission, graduate with B.Ed. and graduate without B.Ed. The different pay scales i.e., as per 2nd Pay Commission the pay scale for Assistant Teacher was Rs.1700 - 3070/- then, as per 3rd Pay Commission, graduate with B.Ed. and graduate without B.Ed. were given two different pay scales whereas, as per 4th Pay Commission for the said post of Graduate scale, revised pay scale is Rs.14,100 - 27,510/-. 6. The table as has been prepared by the respondents showing the pay scales and change of pay scales under 1st, 2nd, 3rd and 4th Pay Commissions, same is advantageous to be reproduced hereunder: "TABLE-1 Showing change of scale of pay under 1st, 2nd, 3rd and 4th Pay Commission Sl.No. Name of the Post Recommending Authority Appointing Authority Scale of Pay 1st Pay Commission 2nd Pay Commission 3rd Pay Commission 4th Pay Commission 1. Asst. Teacher, Hindi/English/Science etc. (Post of Under-Graduate Scale) District Selection Committee (DSC) District School Education Officer Rs.425-700/- Rs.1300-2205/- Under graduate scale at which the petitioner was appointed (a) Rs.3725-6165/- Under graduate scale (b) Rs.4250-7170/- for Graduate in Arts/Science/ Commerce (a) Rs.9900-19370/- Under graduate scale (b) Rs.11300-22000/- Graduate Scale 2. Asst. Teacher, Hindi/ English/ Science etc. (Post of Graduate Scale) Meghalaya Public Service Commission (MPSC) Director of School Education & Literacy Rs.525-1050/- Rs.1700-3070/- for Graduate Teachers who teaches either in secondary section alone or in both Upper Primary & Secondary section (a) Rs.5300-9180/- for Graduate with B.Ed. (b) Rs.5100-8740/- for Graduate without B.Ed. Rs.14100-27510/-" 7. In paragraph 23 of the writ petition it has been averred that the petitioner was appointed in the pay scale of Rs.1300 - 2205/- then, it was revised to Rs.4250 - 7170/- w.e.f. 1996, as per 3rd Pay Commission and then as per 4th Pay Commission has been revised to 11,300 - 22,000/-. 8. Petitioner admittedly has been appointed on the recommendation of the District Selection Committee against the post of under-Graduate scale, the revised scale of pay as per 3rd Pay Commission for graduate was Rs.4250 - 7170/- which has been granted to the petitioner then, as per 4th Pay Commission, the revised pay scale is Rs.11300 - 22000/- which scale has been given to the petitioner. 9. The petitioner admittedly has been appointed against the post of under-Graduate scale he cannot claim the pay scale of the post of Graduate scale. 9. The petitioner admittedly has been appointed against the post of under-Graduate scale he cannot claim the pay scale of the post of Graduate scale. The post of under-Graduate scale and post of Graduate scale as per the table shown above are two different posts having two different pay scales. Petitioner has not challenged the scale of pay as was given to him as per 3rd Pay Commission, rightly so because he was entitled to the same. Now, while noticing as per 4th Pay Commission for graduate Assistant Teacher appointed against the post of under-Graduate scale, the revised pay scale is Rs.11,300 - 22,000/- whereas, for the post of Graduate scale the pay scale is Rs.14,100 - 27510/- has claimed the same. 10. Learned counsel for the petitioner tried to project that the candidate similarly situated namely Smt. T. Wanniang has been placed in the revised pay scale of Rs.14,100 - 27510/- as is clear from the information furnished under the Right to Information Act. 11. Nomenclature of the posts is quite clear i.e., (i) post of under-Graduate scale and (ii) post of Graduate scale, the pay scales are different. The mode and method of recruitment for the post of under-Graduate and for the post of Graduate Scale is different, therefore, petitioner who admittedly has been appointed against the post of under-Graduate scale has been given the revised pay scale as admissible for the post, he cannot claim the revised pay scale of the post of Graduate scale. 12. If any, employee has been placed even though similarly situated with the petitioner in a different pay scale dehors the rules, parity on such count being against the law cannot be claimed. 13. Petition for the stated reasons being without merit, is dismissed.