CHANDRA PRAKASH GURUNG Vs. STATE OF SIKKIM

JUDGEMENT

(1.) It is a Petition under Article 226 of the Constitution of India.

(2.) The case of the Petitioner is that he was initially appointed as a trained Graduate Teacher in a Government School on 22.8.1978. He acquired sufficient experience and underwent various trainings sponsored by the Government. On 18.6.1983 he joined in a post of Coordinator and Obtained Post Graduate Degree. The scale and status of the Coordinator is of the Lowest Gazetted. Initially the scale was Rs. 660.00 to 1400.00 and it was revised to Rs. 1820.00 to 3200.00. The Petitioner was confirmed in the post of Coordinator by a Government Notification dated 4.8.1983. Though the Petitioner was holding the post of Coordinator, it has been alleged that he was not given the scale prescribed for the lowest gazetted officers inspite of repeated representations and demands made in this respect. It has been contended that in the past many graduate teachers appointed as Coordinator were given the lowest gazetted scale either initially or within a year or two, The Petitioner cited a few examples where teachers joining as Coordinators long after the date of joining of the Petitioner as Coordinator were not only given a higher scale of pay but were also promoted to the post of Deputy Director. The allegation of the Petitioner is that discrimination was made in his case and he was not treated identically with other officers of his grade and rank and in that manner gross discrimination was made.

(3.) It has further been contended on behalf of the Petitioner that he suddenly discovered that his name appears in the combined seniority list of A.E.O., A.P.O., D.S.O and equivalent. The Petitioner never worked in any of these capacities nor he enjoyed any fringe benefits available to the A.E.Os. The Petitioner has, therefore, prayed for a suitable writ declaring that the Petitioner is entitled to the scale of Coordinator with effect from 18.6.1983. He also claims seniority in the cadre of Coordinator with effect from the aforesaid date and for consequential benefits based on such seniority.