MAMATA BARAL Vs. STATE OF ORISSA

JUDGEMENT

(1.) PETITIONER , a Craft Teacher working under the Municipal High School, Jobra in the district of Cuttack, filed this Writ Petition with the following prayer:

(2.) SUM and substance of the contention of the Petitioner is that Craft Teacher and Matric C.T. Assistant Teacher were previously belonging to the same cadre as per the pre -revised scale. In 1989 the revised scale of pay was introduced. By then Petitioner and the Trained Matric Teachers under the Municipalities were getting the scale of Rs. 840 -16 -856 -18 -928 -EB -20 -1008 -EB -22 -1140 -25 -1240/ -. According to the Scale of Pay Rules, 1989, equivalent pay was provided in the scale of Rs. 975 -25 -1150 -EB -30 -1660/ -. So far Petitioner has no grievance against that fixation of pay. On 27th July, 1990 Government of Orissa in the Finance Department passed Resolution, inter alia, provided the scale of Rs.1080 -30 -1440 -EB -30 -1800/ - instead of the scale Rs. 975 -25 -1 150 -EB -30 -1660/ - to the Trained Matric Teachers. Thus, Petitioner claims parity in the scale of pay with the Matric C.T. Teachers on the ground of equal pay for equal work and also on the ground that ail -throughout they remained in the same cadre and therefore the aforesaid fixation of higher scale of pay for the Matric C.T. Teachers is discriminatory and violative of the provisions of Article 14, 16 and 39(d) of the Constitution of India.

(3.) THUS , the core issue which comes for consideration is as to whether the aforesaid Resolution, Annexure - 7 and the consequential order Annexure -9 are in violation of the provision in Articles 14, 16 and 39(d) of the Constitution of India, and in that respect whether the aforesaid order of the Government is discriminatory in nature.