BASUKI SAH Vs. STATE OF JHARKHAND THROUGH SECRETARY

JUDGEMENT

(1.) By Way Of This Instant Application, The Petitioners have approached this Court with a prayer to direct the respondent no.3 to refix their pay on 01.01.1996 in revised pay scale which was introduced by the State Government, vide resolution no.2315 dated 20.08.2007 after adding amount of interim relief and teaching allowance in respect of petitioner nos. 1 to 3 and interim relief amount only in respect of petitioner no. 4, in the light of Government's letter no. 2728 dated 26.09.2007 issued under the signature of Secretary to the Government, Department of Human Resources Development, Jharkhand as their pay in revised pay scale has been fixed on 01.01.1996 without adding the amount of teaching allowance and interim relief by the respondent no.3 and also to pay all consequential benefits.

(2.) The Petitioner Nos. 1, 2 & 3 Were Appointed As An Assistant Teacher in the year 1981, 1981 & 1980 respectively. Petitioner No.4 was appointed as a clerk in the year 1979 in St. Joseph's High School, Guhiajori of district Dumka. Vide Resolution No. 179 dated 22.12.1981, the State of Bihar (now Jharkhand), Department of Education decided to maintain complete parity between the two sets of teachers i.e. Government Nationalized High School and Government Recognized Aided Minority High School in the matter of extending pay scales and also payment of other allowances. The State of Bihar (now Jharkhand) issued a resolution bearing letter No.6022 dated 18.12.1989 whereby the Headmasters of Middle School and the Teachers of High School and the Headmaster of +2 school shall be entitled to payment of teaching allowance @ Rs.100/ per month and Headmasters of High School and +2 School shall be entitled for payment of teaching allowance @ Rs.150/ per month from 01.03.1989. The State of Bihar (now Jharkhand), Department of Education vide Resolution No.237 dated 20.02.1990, which was issued in the name of Governor of Bihar has decided to extend all facilities to the payment of teaching allowance and admissible allowance to the teaching and nonteaching staffs of Government Recognized Minority Schools at par to the Government Nationalized Schools and further decided to provide all facilities, which will be made available to the Government employee. Thereafter, in the year 1999 the State of Bihar (now Jharkhand), the Department of Finance vide Resolution No.4294 dated 25.08.1995 decided to grant interim relief @ Rs.100/ per month w.e.f. 01.04.1994 to its employees. Thereafter, vide resolution No.4382 dated 02.08.1997 the State of Bihar (now Jharkhand) Department of Finance decided to grant interim relief to its employees @ 10% of basic pay w.e.f. 01.04.1997. After bifurcation, the aforesaid Government has also adopted resolution i.e. Resolution No.179 dated 22.12.1990 and on the basis thereof all facilities, which were available to the teaching and nonteaching staffs of Government Nationalized Schools was given to the teaching and nonteaching staffs of Government Minority Aided Schools including the petitioners' school. Vide resolution No. 5043 dated 07.08.1998 the State of Bihar decided to grant interim relief w.e.f. 01.04.1998 at the rate of 10% of basic minimum Rs.100/ per month in the light of agreement made between the State Government and Association of Government Employee cum Teaching and Nonteaching Staffs of Nationalized Institutions/Schools. The decision of the State Government, the interim relief and teaching allowance were also paid to them by the State respondents, up to 1999. Vide resolution No.660 dated 08.02.1999 the State of Jharkhand, Department of Finance revised the pay scale of Government employees w.e.f. 01.01.1996 including staffs of Nationalized Schools. Thereafter respondent No.1 vide letter No.2315 dated 20.08.2007 accepted and adopted the Government's resolution dated 08.02.1999 and also revised the pay scale of teaching and nonteaching staffs of Government Recognized Minority Aided Schools w.e.f. 01.01.1996. Thereafter, vide letter No.2728 dated 26.09.2007 respondent No.1 issued an instruction/guideline regarding fixation of pay in revised pay scale and it has also been directed that District Level pay fixation will be done by the respective District Education Officers and District Account Officers. The State of Jharkhand, Department of Human Resources Development, vide resolution No.2863 dated 01.12.2008 after adopting the earlier Government Resolution No.237 dated 20.02.1990 of erstwhile State of Bihar has also decided to add 50% D.A. In basic pay for the purpose of making payment of D.A., House Rent, Medical Allowance etc. and the age of retirement of staff of Minority Schools has also enhanced from 50 years to 60 years and they have also be given the benefit of scheme of ACP w.e.f. 09.08.1999. The respondent No.3 contrary to the Government's decision, fixed the petitioners' pay in revised pay scale w.e.f. 01.01.1996 without adding the amount of teaching allowance and amount of interim relief and soon after the knowledge of the same, the petitioners have approached the respondent No.3 for refixation of their pay after adding the amount of teaching allowance and interim relief in the light of Govt. decision but the respondent No.3 has not considered the matter and hence, the instant petition has been preferred by the petitioners.

(3.) Mr. M.M.Pan, Learned Counsel For The Petitioner Strenuously urges that the respondentState has illegally and arbitrarily denied the benefits of the pay scales to the petitioners who are legally entitled for the same. The issue raised in the instant writ petition is no more resintegra as it has already been taken into consideration by the Hon'ble Patna High Court in C.W.J.C.No.2897/2005. Relying on the order of the Patna High Court, learned Counsel submits that letter No.2728 dated 26.09.2007 relates to instructions/guidelines with respect to the fixation of pay in revised pay scale wherein it has specifically been mentioned that the pay is to be fixed after adding teaching allowance and interim relief.