CHANDRA BANSH DUBEY Vs. STATE OF ARUNACHAL PRADESH

JUDGEMENT

(1.) THE writ petitioners, numbering 04, challenge the Order No. DSYA/pti/cc/05 dated 31st March, 2006 passed by the Secretary (Education), Government of Arunachal Pradesh whereby their claim for parity in pay scale at par with Junior Teachers has been rejected as being not justified.

(2.) THE material facts, in short campus, are that the petitioner No. 1 was initially appointed as Physical Training Instructor (for short, 'pti') on 4. 9. 1979 in the pay scale of Rs. 380-13-420-15=560-20-600/- p. m. The nomenclature of PTI was changed to Physical Education Teacher (for short , 'pet' ). The other petitioner Nos. 2, 3 and 4 were appointed so on 01. 06. 1985, 04. 02. 1993 and 22. 07. 1996 respectively. The pay scale of PET ought to have been Rs. 425-640/- p. m. as because during the relevant period the PET (then called PTI under the Govt. of India were given the pay scale of Rs. 425-640/-p. m.) by a Circular dated 27. 03. 1992 (Annexure-p/1 to the writ petition) whereby the Ministry of Education and Culture, Department of Education, Govt. of India upgraded the scale of pay of Junior Teachers in Language, Music, Dance, Physical Education and Domestic Sciences from Rs. 425-750/- p. m.

(3.) AS the scale of pay of Rs. 425-640/- p. m. was not given to the writ petitioners, as PET, the corresponding pay scale of Rs. 440-750/- p. m. was not allowed to them. In the 4th Pay Commission, the pay scale of Rs. 440-750/- p. m. in respect of Junior Teachers was revised to Rs. 1400-2600/- p. m. while the scale of pay in respect of the petitioners was revised to Rs. 1350-2200/- p. m. only. Similarly, in the 5th Pay Commission, the pay scale of Junior Teacher was revised to Rs. 5000-8000/- p. m. and the pay scale of the petitioners, as PET, was revised to Rs. 4500-7000/- p. m. only.