SITANGSHU SEKHAR DAS Vs. STATE OF ASSAM

JUDGEMENT

(1.) HEARD Mr. R. C. Saikia, learned counsel appearing for the petitioner. Also heard Mr. M. R. Pathak, learned Standing counsel representing the Education Department.

(2.) THE petitioner, Sri Sitangshu Sekhar Das, in W. P. (C) No. 374/2001 was appointed as M. E. School teacher on 15. 06. 1981 and petitioner Smti Suruchi Roy, in W. P. (C) No. 174/2001 was appointed as M. E. School teacher on 05. 10. 1980. Both were appointed as Assistant Teachers in intermediate scale of pay, although it is not in dispute that both are Arts graduate degree holders.

(3.) MR . R. C. Saikia, learned counsel on behalf of the petitioners submits that although they are holding graduate qualification in arts, the Govt. has paid them only intermediate scale of pay and since there are teachers appointed in M. E. Schools on graduate scale of pay, the petitioners are also entitled to be upgraded to the higher pay scale for rendering services as teachers of M. E. Schools. The further contentions made by the petitioners is that the Govt. cannot permit two scales of pay for teachers of M. E. School, who are rendering the same service and since the petitioners are graduates, not to pay the graduate scale to them is a discriminatory act which is liable to be interfered with by the Court. References to the two decisions of the Court have also been made by the learned counsel to contend that there is no distinction between science graduate teachers and arts graduate teachers and if science graduate teachers can be given the graduate scale of pay even for rendering service in M. E. Schools, there is no justification to deny graduate scale to arts graduate teachers rendering service in M. E. Schools.