BIHAR STATE Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE appellants are aggrieved by the order dated 28.1.2004, passed by the learned Single Judge in CWJC No. 7224 of 1999, rejecting their claim of parity of scale with their trained counterparts.

(2.) FIRSTLY , we will state the facts, which are not in dispute. Advertisement No. 1/1987 was issued in the year 1987 for appointment on the post of +2 Lecturers in the Government Schools, including the Nationalised Schools in the pay scale of Rs. 940 -1660/ - (Annexure 1 to the memorandum of appeal). The qualification prescribed in the advertisement for the said post was Post -Graduate Degree in in Class. There was no requirement of having a training for appointment to the said post.

(3.) AS two different scales were provided, the matter was referred to the Pay Anomaly Removal Committee and the said anomaly was removed by the Committee and thereafter, on 8.2.1996 all the Lecturers of +2 Schools, whether they were appointed in Nationalised Schools or in Government Schools, were provided one scale of pay of Rs. 1800/ - to 3330/ -. However, on 14.3.1997, the State Government decided to provide revised scale of Rs. 1800/ - to 3330/ - to the Lecturers posted on the ex -cadre post in +2 Nationalised Schools and the scale of Rs. 2000 -3500/ -to the Lecturers posted in the Government schools. The said decision of the State Government was challenged by the Lecturers of +2 Nationalised Schools by filing CWJC No. 2445 of 1994, which was finally disposed of on 30.9.1997 and this Court held that the Lecturers of +2 nationalised Schools, appointed pursuant to the said advertisement, were also entitled to the same pay scale i.e. the revised scale of pay of Rs. 2000 -3500/ - as granted to the Lecturers belonging to the Subordinate Education Service. A copy of the said judgment has been appended as Annexure 2 to the memorandum of appeal. When the order of this Court was not complied with a contempt application being MJC No. 1160 of 1999 was filed and, thereafter, one scale of pay was provided to all the +2 Lecturers, irrespective their postings in +2 Nationalised Schools or Government Schools vide notification dated 10.6.1999.