BASU DEV GUPTA Vs. DIRECTOR OF EDUCATION

JUDGEMENT

(1.) -The claim in this petition under Article 226 of the Constitution is for a direction to the respondents, to revise the pay scale (of the petitioner) from Rs. 2000-3500 to Rs. 2200-4000 with effect from 1.1.1986, with all consequential benefits including refixation of pension, etc.

(2.) The petitioner joined the S.N. Jain's School, Delhi in 1960 as a PGT in the seale of 250-470. That school is a recognised aided school. In 1971, the petitioner was awarded PGT senior grade in the scale of Rs. 600-800. It is averred that in 1 9 79, he joined the Jain Secondary School, Darya Ganj upon transfer orders by the Department of Education and was placed PGT selection scale (revised) of Rs. 775-1000 with effect from 1975.

(3.) It is averred that with effect from 1.1.986 the respondent No. 1 revised the pay scales of all the staff including teachers of recognised and aided schools in terms of recommendations of the 4th Pay Commission. The scale of Rs. 775-1000 was revised to the grade of Rs. 2200-4000. On this basis it is alleged that the petitioner was entitled to the revised scale. He was granted the scale of Rs. 2000-3500 with effect from 1.1.1988 which is lower since it was equivalent to Rs. 550-900. The petitioner eventually retired from service on 31.1.1992 in the selection grade and his pension was finalised in the basic pay of Rs. 3500/- plus Rs 100/- as stagnation allowance and not in the scale of Rs, 2200-4000 which have been given to him.