KANTA KAMROY Vs. STATE OF HP

JUDGEMENT

(1.) The applicant has preferred this original application under Section 19 of the Administrative Tribunal Act, 1985 seeking the relief of grant of running pay scale from her initial date of appointment and higher pay scale on acquiring additional qualification with a direction to that effect to the respondents.

(2.) The case of the applicant in brief is that she was appointed as Nursery Trained Teacher in the pay scale of Rs. 125 -300 within initial start of Rs. 125/ - on 10.11.1976. The applicant had undergone Nursery Training Course, but the applicant had not been given the benefit of annual increment as Nursery Teacher, which is discriminated and arbitrary. The applicant had improved her qualification and completed B.A. in the year 1975, M.A. in 1975 and B. Ed, in the year 1991. The applicant made number of representations to grant her higher pay scale on acquiring higher qualification, but her request was not considered. The applicant alongwith other Nursery Teacher was appointed on regular basis in the pay scale of Rs. 125 -300 w.e.f. 1.4.1990. The main grievance of the applicant is that she has not been granted annual increments from her initial increments i.e. on 10.11.1976 and higher pay scale was not granted to her on improving higher qualification. Feeling aggrieved to this the applicant has filed this original application seeking these reliefs.

(3.) Reply was filed by the respondents in which the claim of the applicant was disputed. The main objection of the respondents is that the applicant has claimed more than one issue through this original application, which is not permissible. The other ground for opposing the claim of the applicant is that the applicant was appointed as Nursery Teacher as per annexure P -1 with initial start of Rs. 125/ - fixed plus usual allowances as sanctioned by the H.P. Govt. from time to time. Respondents have disputed the claim of the applicant on giving the annual increment from the date of initial appointment as she was appointed on fixed amount of Rs. 125/ -. It is further clarified in the reply that the applicant was appointed on fixed pay of Rs. 125/ - as there were not recruitment and promotion Rules of Nursery Teacher and the regular pay scale of Rs. 1200 -2100 to these teachers were allowed from 1.4.1990. The claim of the applicant for higher pay scale on acquiring additional qualification has been disputed on the ground that the applicant is not covered under the instructions issued by the Finance department vide letter dated 13.12.1958 (Annexure R -2). It is further submitted in the reply that the government of Himachal Pradesh had allowed benefit of higher qualification to the category of teachers mentioned in the said letter and the category of Nursery Teacher is not covered under this letter and as such the benefit of higher pay scale is not applicable to this category of employees. It has been further reflected in the -reply that the applicant was allowed regular pay scale on Rs. 1200 -2100 at par with other trained Nursery Teachers from 1.4.1990 and the applicant had been granted the same from the said date in accordance with Recruitment and Promotion Rules. It is further clarified in the reply that Nursery Teachers and J.B.T. Teachers are neither equal nor are synonymous. The two categories are not at par with each other as Nursery Teachers are meant for pre -primary classes and the J.B.T. Teaches are given training to teach the students from 1st class to 5th class in the primary schools. In view of this she is not entitled to the benefit of higher qualification because category of Nursery Teachers has not been included in the government letter dated 13.12.1958.