SANTOSH KUMAR SINGH Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Petitioners have approached this Court with a prayer for a direction to the respondents, particularly respondent No. 3 to fix and make payment of the pay of the petitioners in "Grade-I scale" i.e. Matric Trained Basic Scale (12002400 revised pay-scale 4500-7000 as per 5th PRC) from the date of appointment of the petitioners in accordance with the Resolution No. 3027 dated 14.12.2015, issued under the pen and signature of Secretary, School EducationLiteracy Department, Govt. of Jharkhand, Ranchi.

(2.) The factual exposition as has been delineated in the writ petition is that the petitioners are working as Assistant Teachers in the district of East Singhbhum and they have joined their respective posts on 21.09.1994 but they have been denied the monetary benefits and even the notional benefits, though they were entitled for the same in view of resolution of the State Govt. dated 14.12015. The issue regarding grant of monetary benefits to the trained/ untrained teachers fell for consideration before this Honourable Court in W.P.S. No. 638 of 2006 and this Honourable Court vide its order dated 04.04.2008 had observed that in view of earlier decisions of this Honourable in other cases particularly, in W.P.S. No. 6264 of 2005 (Jharkhand Police Association Vs. State of Jharkhand), the matric trained/ untrained teachers are also entitled for Grade-I scale from the date of their initial appointment. The order passed in W.P.S. No. 638 of 2005 was affirmed by the Honourable Division Bench of this Court in LPA No. 214 of 2008 and the same was also affirmed upto the Honourable Apex Court in SLP No. 5520-5522 of 2013. In view of the fact that the order passed in W.P.S. No. 638 of 2006 was affirmed upto the Honourable Apex Court, the State of Jharkhand came-out with a resolution dated 14.12015, issued under the pen and signature of the Secretary, School EducationLiteracy Department, Govt. of Jharkhand granting therein the matric trained scale to the teachers from date of their initial appointment in case of their promotion to Grade-I and II. Though the issue is set at rest and it is no more res-integra, the same was not implemented by the State Govt. in true letter and spirit. Though the petitioners were granted Grade-I and II from the date of their initial appointment but they were denied the monetary benefits, which is dehors the rules. Aggrieved by the same, the petitioner represented before the respondent No. 3 but no orders have been passed till date and as such, petitioners have been constrained to knock the door of this Honourable Court.

(3.) Mr. Manoj Tandon, learned counsel assisted by Mr. Anant Kumar, learned counsel appearing for the petitioners strenuously urges that issue involved in this case is no more res-integra and the same is set at rest by the Honourable Apex Court. In view of the decision of the Honourable Apex Court, the State has also come-out with a resolution dated 14.12.2015 but the same has not been implemented in true letter and spirit and as such, a direction be given the respondents, particularly, respondent No. 3 to implement its own resolution dated 14.12.2015, in view of which petitioners are entitled for notional benefits from the date of their initial appointment and monetary benefits from 15.11.2000 as they have already been placed in Grade-I Scale from the date of appointment.