AMARNATH SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE State Government while relenting to grant the revised U.G.C. Scales of pay to the University and college teachers of this State also put the rider that promotions granted to teachers under the time bound promotion Statutes would be deemed nullified and those teachers who were now Professors or Readers shall have their pay fixed in the reyised U.G.C. Scales in their substantive ranks of Lecturers or Readers, as the case may be (i.e. posts held by them before their promotions under the time -bound Statutes), The Government decision shall very adversely affect a very large number of teachers in this State (about five thousand, according to the State 'saffidavit), some of whom are before this court in this batch of eight writ petitioners.

(2.) THE present controversy relates to the implementation of the 1996 U.G.C. Scales. Before this the U.G.C. had revised pay scales for teachers w.e.f. 1.1.1986 and the 1986 U.G.C. Scales were extended to the teachers In this State by letter no. 14/P2 -09/87 HRD 1044, dated U.G.C. scales of pay the position that emerged in this State for the three main classes of teachers, leaving aside the matters of detail which are not relevant for the present, was as follows: Designation Scales of pay before Scales of pay as revised w.e.f. 1.4.1986 1.4.86 1. Lecturer Rs. 700 -1600 Rs. 2200 -4000 2. Reader Rs. 1200 -1900 (i) Rs. 3700 -5700 Direct recruit and those promoted till 1.3.1989. (ii) Rs. 3000 -5000 those promoted after 1.3.1989

(3.) EVER since the revision of scales by the U.G.C. the teachers of this State are making the demand for the grant of the revised 1996 U.G.C. scales. The State Government finally agreed to grant the revised 1996 U.G.C. scales to the teachers of this State and in that connection the Secretary to the Government in the department of higher education issued letter no. 15/MF 218/98 (H.E.) 1300, dated July 20, 2001 addressed to the Vice Chancellors of all the Universities in this State. Paragraphs 14 and 15 of this letter are the cause of bitter resentment to the petitioners and come under challenge in this batch of writ petitions. These two paragraphs (Translated into English) are reproduced below: