UMA KANT YATI Vs. STATE OF BIHAR

JUDGEMENT

(1.) The instant writ petition has been filed by trained teachers claiming that they should be given the same scale as has been granted to Science graduate trained teachers. The petitioners are Arts graduates pursuant to an advertisement the petitioners and many applied for appointment as Assistant Teachers in the Elementary Schools in the district of Siwan The petitioners along with many others were selected for appointment, and were appointed initially as Assistant Teachers on stipend basis. All the teachers so appointed were paid monthly stipend of Rs. 174- Amongst the Assistant Teachers as also Art teachers. All of them were graduate trained, meaning thereby that all of them were graduates, whether in Science or Arts and had acquired the necessary taining to work as teachers. Twenty teachers in Science and thirty teachers so appointed were granted matric trained scale. Thereafter, by order dated 28-5-1983 ail the Science teachers were promoted to the higher scale, namely, graduate trained scale, but the petitioners and other Arts teachers have continued in the lower scale, namely, martic trained scale. Their grievance is that they should also be promoted to the higher scale, meaning thereby graduate trained scale.

(2.) It is not disputed that there are different scales for the teachers with different qualifications, namely, middle trained teachers, matric trained teachers, intermediate trained teachers and graduate trained teachers Different pay scales have been prescribed for different categories of teachers. It is also not disputed that posts are sanctioned for each category, and thougn it has varied from time to time, a certain percentage of posts in the service are earmarked fora each category. It is also not disputed that a person who is graduate cannot seek direct appointment against a post in the graduate trained scale He has to begin at the bottom of the rung and reach that scale by promotion. Promotions are granted on the basis of the vacancies which occur in different scales There is also a further subdivision of Science and Arts teachers.

(3.) It is not the case of the petitioners that graduate trained teachers in Science have been wrongly promoted without there being vacancies in the B Sc trained scale not is it their case that despite vacancies in the graduate trained scale of teachers, in Arts, the petitioners have not been promoted. It is, therefore, obvious that the petitioners have not been promoted to the higher scale, because there are not sufficient Vacancies against which they may be promoted On the other hand, the Science teachers are luckier inasmuch as they have been promoted against the vacancies which were caused or existed. Obviously, therefore, it cannot be said that there has been any arbitrariness in the matter of promotion of Science teachers, who were Graduate trained. The petitioners cannot claim equal pay for equal work. It may be that all the teachers do the same type of work, but the different pay scales prescribed is based on the higher educational qualification required of a teacher before he can be promoted/appointed to that scale. The higher pay scale are meant for different caregories of teachers depending upon their educational qualification. The pay scale of a Matric trained teacher is obviously less than that of Intermediate trained or Graduate trained. It may be that Graduate trained teachers may have been appointed initially in the scale meant for Matric trained teachers, but they cannot complain if a person with similar qualfication, who has been promoted to the Graduate trained scale, is getting higher pay. If the petitioners are also promoted to the higher scale, they will also get higher scale The fact that in one branch there are quicker promotions, whereas in other branch the promotions are not so many, is a matter of luck and is and is an incidence of service For this reason it cannot be held that the grant of promotion to Science teachers and failure to grant such promotion to teachers in Arts is on account of arbitrary action As and when vacancies occur, teachers teaching Arts subjects may be promoted and in that event they will also get the higher scale. We are of the view that the principle of equal pay for equal work cannot be invoked in the facts and circumstances of this case. .