LIKHA TOGUR Vs. STATE OF ARUNACHAL PRADESH

JUDGEMENT

(1.) Heard Mr. Dilip Mazumdar, learned senior counsel, assisted by Mr. A. K. Singh, learned counsel, appearing on behalf of the petitioners. Also heard Ms. Hage Laxmi, learned Government Advocate, for State Respondent No. 1 and Mr. Tagum Jamoh, learned Standing Counsel, Education Department, for Respondents No. 2 and 3.

(2.) The grievance of the petitioners, altogether 8 in nos., in this case, is that although they are substantively appointed as Junior Teacher(J.T.) in their respective Middle English(ME) Schools, but they have been discharging the duties of Head Master/Vice-Principal in different Higher Secondary Schools of the State of Arunachal Pradesh pursuant to various orders passed by the competent authority appointing them as HM/VP on officiating basis. However, as many as 3(three) Junior Teachers who are also discharging the duties of HM/VP like the petitioners, on the basis of officiating appointment in H.S. Schools, are being paid the pay and allowances of HM/VP despite the fact that their substantive appointment is of JT only. In contrast, the officiating appointment of the petitioners as HM/VP contains a condition that such appointment is in their/his own scale, whereas, in the order of officiating appointment of the aforesaid three JTs, it has been mentioned that their appointment is in the scale of pay of HM/VP.

(3.) The petitioners, hereinbefore, earlier approached this Court by way of filing a writ petition, viz. WP(c)436(AP)2012, which was disposed of, on 13.06.2013, with a direction to the respondents to dispose of the representation jointly filed by all the petitioners and another Mr. Gyamar Tajap, as on 20.08.2012. Vide order dated 08.08.2013, the said representation has been disposed of by the State Respondents stating that there is no merit in their representation because the similarly situated teachers viz. Dakme Abo and Nabam Cheng are posted in schools in remote places and the scale of Head Master/Vice-Principal is provided to them as an incentive to work in remote places.