SMT. PRABHA BHADURI, WIDOW OF LATE BIMAL SRIVASTAVA, PRESENTLY RESIDING AT J.P. NAGAR, NAYA TOLA, SAHIBGANJ, P.O.SAHIBGANJ, P.S. SAHIBGANJ, DISTRICT SAHIBGANJ Vs. THE STATE OF JHARKHAND

JUDGEMENT

(1.) In this writ petition, the petitioner has prayed for direction to respondents to show cause as to how and under what circumstances pay scale of the petitioner has been fixed in the scale of Rs.4500-7000 instead of Rs. 5000-8000 in pursuance to the circular dated 08.02.1999 and further to fix the pay of the petitioner in the scale of Rs. 5000-8000 and to pay its arrears w.e.f. 01.04.1997 with annual increments till date.

(2.) The petitioner was appointed on the post of Music Teacher which is equivalent to I.A. Trained by office order contained in Memo No. 22722303 dated 04.03.1974 in the pay scale of Rs. 296-8-360-9423. The petitioner immediately gave her joining on 18.03.1974 in pursuance to the office order dated 04.03.1974 and worked to the satisfaction of all concerned and no complaint of any kind was ever made against him from any corner. It is further stated that the petitioner being equivalent to I.A. Trained teacher was given benefit of her first time bound promotion w.e.f. 01.04.1984 by the order of School Inspectress Deputy Director Education, Bihar, Patna by office order contained in Memo No.237124 dated 15.06.1986 and was placed in the pay scale of Rs.910 w.e.f. 01.04.1984. In pursuance to the pay revision by letter no.6021 dated 18.11989 issued by Finance Department, Government of Bihar the pay scale of the petitioner was revised to Rs.1400-40-1660-50-2300-60-2600 w.e.f. 01.01.1989 which was duly recorded in the Service Book of the petitioner and would be evident from the Statement 'A' dated 09.11999. The petitioner was given pay scale of Rs.1400-2600 with regular annual increment without any hindrance. The resolution dated 08.01999 contained in memo no.3M25VEP. U.01/ 99/660/(F2) issued by the Finance Department, Government of Bihar, Patna shows that the pay scale of the petitioner ought to have been fixed in the pay scale of Rs.5000-8000. Since the petitioner was not given her annual increments w.e.f. 2003 as such she filed several representations before the respondents for redressal of her grievances and the same was duly forwarded by the District Education Officer, Sahibganj to the District Superintendent of Education-cum-District School Inspectress, Sahibganj by letter no.72 dated 03.12007 but no heed was paid on the same. Hence, this writ petition.

(3.) Ms. Ritu Kumar, learned counsel assisted by one Mr. Ravi Kumar Singh appearing for the petitioner submits that though the petitioner is entitled for pay scale of Rs.5000-8000 but the respondents have illegally and arbitrarily denied the same. Learned counsel further submits that after implementation of the resolution dated 08.02.1999 the pay of the petitioner ought to have been fixed in the pay scale of Rs.5000-8000 but in most arbitrary manner the same was fixed in the reduced scale of Rs. 4500-7000 which was the replaced pay scale of Rs. 1200-2040. Learned counsel submits that without any notice to the petitioner in complete violation of principle of natural justice, the respondents have fixed her pay scale in the reduced pay scale of Rs. 4500-7000. The petitioner filed several representations but grievances have not been redressed neither her annual increment on the reduced pay scale of Rs.4500-7000 have been paid since 200 Learned counsel further submits that in view of Bihar Nationalized Elementary School Teachers Promotion Rules, 1993 she is entitled for pay scale of Rs.5000-8000.