RAM NATH HOTA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) By filing this writ petition, the petitioner has prayed for issuance of writ of mandamus commanding the respondents to grant Grade Pay of Rs.4600.00 to the petitioner suitably modifying the order contained in Memo No.11/Ni.1-2/2014/2494 dtd. 29/7/2015 issued by respondent No.2 which, according to the petitioner, is discriminatory and violative of Article 14 of the Constitution of India as a different pay scale has been laid down for Trained Graduate Teachers of other streams in the same notification. By amendment as per the order dtd. 21/11/2016, a further prayer has been added to declare sub-rule (4) of Rule 2 (to the extent it relates to pay scale) of the Jharkhand Nationalised Secondary School (Service Conditions) Rules, 2004 ultra vires the Constitution of India and to quash and set aside the same.

(2.) Facts of the case are that the petitioner has passed matriculation and has also obtained a graduate degree in Music. The petitioner is also possessing a Post Grade Degree in the stream of English. He has received training from 'Praacheen Kala Kendra' and has been conferred with 'Sangeet Visharad', which is equivalent to a degree.

(3.) Counter affidavit has been filed by the respondents which states that difference in pay scale has been done because B. Ed. Education is not essential for the post of Music Teacher. It is the specific case of the respondents that Assistant Teacher (Music) is not at par with that of Assistant Teacher of other subject. The qualification of Assistant Teacher other than Music subject is Bachelor Degree from recognized university with second division along with Bachelor of Education whereas for the post of Assistant Teacher (Music), the basic qualification is matriculation with degree in music.