BACHCHU PRASAD Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Instant writ petition has been preferred by writ petitioners for a direction upon the respondents to refix their pay scales after adding the amount of teaching allowance and interim relief in case of all petitioners, who are teachers of St. Paul's High School, Ranchi in compliance of Resolution No. 2315, dated 20.08.2007 and Letter No. 2728, dated 26.09.2007 and also for payment of difference of arrears of salary with effect from 01.04.1997 to 31.03.2007, in compliance of Resolution No. 660/F2, dated 08.02.1999, issued by Finance Department, Government of Bihar consequent upon recommendation of 5th Pay Revision Committee because the petitioners have not been paid the actual difference of arrears of salary with effect from 01.04.1997 on account of pay revision whereas pay-scale of teachers of Nationalised Schools have been revised with effect from 01.01.1996 and they have been granted actual benefits with effect from 01.04.1997. Petitioners have further prayed for quashing the Resolution No. 2315, dated 20.08.2007 and Letter No. 2728, dated 26.09.2007 to the extent it stipulates that payment of revised pay shall be implemented with effect from 01.04.2007 because once vide Resolution No. 660, dated 08.02.1999 the actual benefit of revised pay-scale is applicable to all Government employees including teachers and staffs of Nationalised Schools with effect from 01.04.1997, the respondent authorities cannot discriminate the petitioners, who happen to be teachers and staffs of Govt. Aided Minority Schools in matter of receiving actual benefits of pay revision with effect from 01.04.2007, because service conditions and pay scales of both the categories of teachers and staffs are same and similar.

(2.) Petitioners have further prayed for a direction upon the respondents to pay difference of arrears of salary with effect from 01.01.2006 to 31.08.2008 on account of recommendation made by Sixth Pay Revision Committee and in compliance of Departmental Resolution No. 2956, dated 209.2009 which has been issued consequent upon Finance Department Resolution No. 660, dated 28.02009, which stipulates that pay revision of all Government employees including teachers of Nationalised Schools will be effective from 01.01.2006 and actual financial benefits shall also be admissible with effect from 01.01.2006 whereas petitioners have been granted actual benefit only with effect from 01.09.2008.

(3.) Petitioners have further prayed for quashing Resolution No. 2956, dated 22.09.2009 to the extent it stipulates that actual benefits of Sixth Pay Revision will be admissible to the petitioners with effect from 01.09.2008 only which amounts to discrimination between two sets of teachers and staffs, when service condition and pay scale of both classes are same and similar.