The High Court
Case Details
1 IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(S) No.70 of 2011 ------ Deepak Choudhary, son of Late Sitangshu Bimal Choudhary, of Mohalla-32/H, Bhurdwan Compound, P.O. and P.S. Lalpur, District Ranchi, Pin- 834001, Jharkhand. … … Petitioner resident Versus 1. State of Jharkhand. of Human Resources 2. Secretary, Department Development, Govt. of Jharkhand, Ranchi at Project Bhawan, P.O. Dhurwa, P.S. Hatia, District Ranchi. 3. Regional Deputy Director of Education, South Chotanagpur Division, Ranchi near Kutchery Ranchi, P.O.- G.P.O. Ranchi, P.S. Kotwali, District Ranchi. 4. District Superintendent of Education, Ranchi near Kutchery Ranchi, P.O.- G.P.O. Ranchi, P.S. Kotwali, District Ranchi. … … Respondents ------- CORAM:HON’BLE MR. JUSTICE SUJIT NARAYAN PRASAD HON’BLE MR. JUSTICE PRADEEP KUMAR SRIVASTAVA ------- For the Petitioner For the Respondents : Mr. Prabhash Kumar, Advocate Mr. Ganesh Ram, Advocate : Mrs. Shreshtha Mehta, AC to SC-II Order No. 21/Dated 24th January, 2024 ------ 1. This writ petition is under Article 226 of the Constitution of India whereby and whereunder following directions have been sought for :- “(A) Rule Nisi for issuance of a writ or a writ of or in the nature of a writ of mandamus directing and commanding upon the Respondents concerned to immediately and forthwith grant pay scale of B.Sc. Trained Scale of Grade-IV with effect from 25/8/92 i.e. the date on which petitioner acquired Dip.-in- Ed. qualification and thereafter in Grade - VII Pay Scale w.e.f. 25/8/97 and fix up the pay of the Petitioner in revised B.Sc. Trained Teacher Pay Scale as per recommendation of Vth Pay Revision Committee report and consequently in the corresponding and revised Pay Scale as per 2 recommendation of Vith Pay Revision Committee report with effect from 1/4/2006 and fix up the pay of petitioner w.e.f. 25/8/92 i.e. from the date of passing Dip.-in-Ed. Examination from Ranchi University, Ranchi and not w.e.f. 28/9/2010 which is sought to have been done vide letter No.5054 dated 28/09/2010 issued by DSE, Ranchi and subsequent to fixation of pay in B.Sc. Trained Scale w.e.f. 25/8/92 as per the recommendation in of IVth, Vth and VIth Pay Revision Committee report the Respondent may be directed to pay the entire arrear of difference of salary to the Petitioner. (B) Rule Nisi for issuance of writ of mandamus to grant promotion in Grade-VII Pay Scale of Head Master of Middle School w.e.f. 25/08/97 and in the super selection Grade-VII w.e.f. 25/8/2009 on the ground that Petitioner is having M. Sc. Dip-in-Ed. Qualification and similarly situated teachers and even teachers junior to him have been granted the same pay scale. (C) Rule Nisi for issuance of writ/order/direction to explain and lay bare before this Hon’ble court as to how and under what circumstances, the Respondent DSE, Ranchi did not grant the Pay Scale of B.Sc. Trained Teacher w.e.f. 25/8/92 i.e. from the date of passing Dip-in-Ed Examination and especially in view of the fact that other B.Sc. Trained Teachers who are junior to petitioner have been granted B.Sc. Trained Scale w.e.f. the date of passing Dip.in.Ed. Examination and thus action of Respondent is totally discriminatory in nature and violative of Article 14, 16, 21 of Constitution of India. (D) For issuance of any other appropriate writ/writs be issued, order/orders be passed, direction/directions be made as your Lordships 3 may deem fit and proper in the facts and circumstances of case. (E) Rule Nisi for issuance of writ of certiorari for quashing the memo No.1350 dated 02.11. 2017 passed by R.D.D.E. South Chotanagpur Division, Ranchi Respondent No.3 whereby in pursuance of order dated 26.08.13 passed by this Hon’ble Court representation filed by petitioner making claim for grant of pay scale in Grade - 4 and grant of promotion on the post of Headmaster and pay scale on the post of Headmaster has been rejected.” 2.
Facts
The brief facts of the case as per the pleadings made in the writ petition which needs to be enumerated, read hereunder as :- It is the case of the petitioner that vide Memo No. 13195 Ranchi dated 10.04.1982 issued under the signature of District Superintendent of Education, Ranchi, the Petitioner was appointed as B.Sc. Untrained Teacher on a stipend of Rs. 150/- per month. Petitioner was also directed to undergo training in the next session failing which his appointment would be automatically cancelled. He joined as B.Sc. untrained Teacher on 17.04.1982. 3. Further, vide Memo No. 18296/Ranchi dated 18.10.82 issued under the signature of District Superintendent of Education, Ranchi, the B.Sc. untrained Teachers appointed vide Memo No. 13195 dated 10.04.1982 on stipendary basis per month were granted 4 pay scale of Rs. 535-10-645-15-690 Ε.Β.-15-765/= with effect from their date of appointment. 4. Thereafter, vide Memo No. 6323/Ranchi dt. 12.11.82 issued under the signature of District Superintendent of Education, Ranchi, the Pay Scale of untrained Science Teacher was enhanced to Rs. 680 - 965/- and this pay scale was granted w.e.f. 09.09.82. 5. It is the further case of the petitioner that he passed Diploma in Education Examination with 2nd Division in the year 1991 and a Certificate was issued by the Govt. Teachers Training College, Ranchi and result was published by the Ranchi University. After obtaining the certificate of Diploma in Education from the Ranchi University, Ranchi in the year 1991, he is entitled for getting the Pay Scale of B.Sc. Trained Teacher Scale w.e.f. 25.08.1992. But the said benefit was not granted to him. 6. The petitioner is getting pay in the pay scale of untrained B.Sc. of Rs. 680-965/- w.e.f. 01.09.82, in the pay scale of Rs. 1200-2040 w.e.f. 01.01.86 as untrained B.Sc. Teacher vide notification dated 18.12.89 issued by Finance Department Bihar, Patna and in the Pay Scale of Rs. 4500- 7000/- w.e.f. 01.01.96 as untrained B.Sc. Teacher vide Notification dated 08.02.99 issued by Finance Department, Patna, Bihar whereas he is entitled for getting salary of trained B.Sc. Teacher w.e.f. 25.08.92 as per 5 recommendation of IVth, Vth and VIth Pay Revision Committee report and fixation of his pay in revised pay scale and for payment of all arrear of difference of salary. 7. On 08.10.2001 the petitioner filed an application before the District Superintendent of Education, Ranchi wherein he made a request for making payment of B.Sc. Trained Scale with effect from the date of obtaining Dip.-in- Ed. Certificate i.e. w.e.f. 25.08.1992. It was also stated that
Legal Reasoning
Division Bench of this court in Idris Ansari v. The State of Jharkhand and Others (Supra) and Arbind Bhushan Dey and Ors. v. State of Jharkhand and Ors. (Supra). 23. This Court has heard learned counsel for the parties and gone across the pleading made in the affidavits filed on behalf of respective parties. 24. Herein, the admitted fact is that the writ petitioner has been granted the benefit of B.Sc Trained Scale vide order dated 28.09.2010 whereas the petitioner claims that he is entitled for the aforesaid pay scale from the date of obtaining Dip.-in-Ed. Certificate, i.e., 25.08.1992, as 10 several similarly situated teachers have been given the said benefit from the date of obtaining the training. 25. The further case of the petitioner is that his request for granting B.Sc Trained Scale from the date of obtaining Dip.-in-Ed. Certificate, i.e., 25.08.1992, and thereafter other consequential benefits has been rejected taking the ground of enactment of Bihar Taken Over Elementary School Teachers’ Promotion Rules, 1993 from 01.01.1986. 26. The State has already extended the aforesaid benefit of B.Sc Trained Scale to other similarly situated teachers, is of the view that there cannot be any adverse decision by virtue of enactment of subsequent rule. 27. Further, the issue of enactment of a Rule from retrospective effect has been dealt with by the Division Bench of this Court in Idris Ansari v. The State of Jharkhand and Others (Supra). 28. As such, this Court, by putting reliance upon the judgment passed by the Division Bench of this Court in the case of Idris Ansari v. The State of Jharkhand and Others (Supra) and analogous cases as also in the case of Arbind Bhushan Dey and Ors. v. State of Jharkhand and Ors. (Supra) coupled with the fact that the similar benefit has already been extended in favour of the other co-employees/teachers, is of the view that the impugned order needs to be interfered with. 11 29. Accordingly, the impugned order as contained in Memo No.1350 dated 02.11.2017 issued under the signature of the Respondent No.3, is hereby quashed and set aside. 30. The writ petition is directed to file representation before the concerned respondent regarding his claim enclosing therewith the judgments passed in the case of Idris Ansari v. The State of Jharkhand and Others (Supra) and analogous cases and Arbind Bhushan Dey and Ors. v. State of Jharkhand and Ors. (Supra) within four weeks from the date of receipt of copy of this order. 31. The concerned respondent is directed to consider the said claim and take decision in accordance with law and in the light of the judgments passed in the case of Idris Ansari v. The State of Jharkhand and Others (Supra) and analogous cases and Arbind Bhushan Dey and Ors. v. State of Jharkhand and Ors. (Supra) within a period of eight weeks from the date of receipt of such representation. 32. Needless to say that in case the decision, if taken in favour of the writ petitioner, the decision so taken will be given effect to within a period of four weeks from the date of decision. However, in case of denial of the claim, the same
Arguments
similarly situated Teachers Sri Ajay Kr. Arora, Binod Kr. Dwiwedi, Parsuram Mahto, Md. Raj Hasan Razak, Binod Kr. Singh, Gaya Ram Mahto and Sri Yadav who had obtained Dip-in-Ed. Certificate have been granted B.Sc. Trained Scale w.e.f. the date of obtaining certificate but he has been denied the said benefit. 8. It is the further case of the petitioner that one Dhaneshwar Mahto filed CWJC No. 2274 of 2000(R) before the Jharkhand High Court wherein he prayed for grant of B.Sc. Trained Scale w.e.f. the date of passing Dip.-in-Ed. Examination i.e. w.e.f. 10.02.1987 as he was granted B.Sc. Trained Scale w.e.f. the date of decision i.e. 29.01.2000. It is stated that vide order dated 10.01.2002 passed by this Court, the writ petition was allowed and he was granted B.Sc. Trained Scale w.e.f. 10.02.1987, i.e., the date of passing Dip.-in-Ed. Examination. 6 9. The petitioner filed several representations on 30.10.2001, 29.05.2002, 29.07.2002, 28.08.2002, 05.12.2002, 20.12.2002, 28.01.2003 and on 20.10.2004 before D.S.E., Ranchi and prayed for grant of B.Sc. Trained Scale w.e.f. 25.08.1992. 10. In spite of several reminders and applications filed by the petitioner before the D.S.E. Ranchi for grant of B.Sc. Trained Scale, to him w.e.f. 25.08.1992, no action was taken whereas similarly situated Teachers were granted B.Sc. Trained Pay Scale w.e.f. the date of obtaining Dip.-in- Ed. Certificate. 11. It is the further case of the petitioner that vide Letter No. 5054 dated 28.09.2010 issued under the signature of D.S.E., Ranchi, the Petitioner was granted B.Sc. trained pay scale w.e.f. the date of passing of the order. 12. It is the case of the petitioner that the petitioner is legally and lawfully entitled to get B.Sc. Trained Scale w.e.f. 25.08.1992 i.e. from the date of passing Dip.-in-Ed. Examination on the ground that all similarly situated B.Sc. Trained Teachers have been granted B.Sc. Trained Scale w.e.f. the date of passing Examination and in that view of the matter petitioner is also entitled for the same reliefs. 13. The petitioner claims that he is entitled for Grade - IV Pay Scale w.e.f. 25.08.1992 and Grade-VII Pay Scale 7 w.e.f. 25.08.1997 on the ground that he is M.Sc. Trained and in super selection Grade -VII w.e.f. 25.08.2009 and for posting as Head Master in Middle School as these benefits have been granted to other Teachers who are junior to him. 14. Thereafter, vide order as contained in Memo No.1350 dated 02.11.2017 issued under the signature of Regional Deputy Director Education, South Chotanagpur Division, Ranchi, the petitioner’s claim for grant of pay scale in Grade-4 and grant of promotion on the post of Headmaster and pay scale on the post of Headmaster has been rejected, against which the present writ petition has been filed. 15. Mr. Prabhash Kumar, learned counsel appearing for the petitioner, has submitted that the writ petitioner has been granted the benefit of B.Sc. Trained Scale w.e.f. 28.09.2010 whereas as per the condition made in the appointment letter, the petitioner is entitled for B.Sc. Trained Scale with effect from the date he obtained the Dip- in-Ed and thereafter, other consequential benefits. 16. Learned counsel further submitted that the claim of the petitioner has been denied stating that the new rule, i.e., Bihar Taken Over Elementary School Teachers’ Promotion Rules, 1993, has been enacted with effect from 01.01.1986 and the matters relating to promotion and pay scale of the teachers will be governed by this Rule whereas 8 the claim of the petitioner should have been considered based upon the circular which was in vogue during the relevant time. 17. It has further been contended that the ground has also been taken for denying the B.Sc. Trained Scale to the petitioner that since 1997 to 2010 the petitioner was posted in the primary school and as such, he has never worked in any middle school. 18. The further submission has been made by putting reliance upon the judgment passed by the Coordinate Division Bench of this Court in L.P.A. No. 346 of 2022 [Idris Ansari v. The State of Jharkhand and Others] wherein the Coordinate Division Bench has come to the conclusive finding that no rule can be said to be applicable with retrospective effect. 19. The further contention has been made that on the similar circumstance, the learned Single Judge of this Court has passed an order in the case of Arbind Bhushan Dey and Others v. State of Jharkhand and Others reported in 2009 (1) JLJR 338 whereby and whereunder the rights have been adjudicated and in terms thereof the benefits have also been granted. 20. Further, learned counsel has also submitted that based upon the judgment rendered by this Court in the case of Arbind Bhushan Dey and Ors. v. State of 9 Jharkhand and Ors. (Supra) the similarly situated teachers have been allowed the Graduate Trained Science Teachers Pay Scale with effect from their respective dates on which they acquired teachers training. 21. Learned counsel for the petitioner, based upon the aforesaid argument has submitted that the impugned order, therefore, is not sustainable in the eyes of law, hence, it is fit to be quashed and set aside so as to extend the consequential benefits in consequence of the quashing of the said decision. 22. Per contra, Mrs. Shreshtha Mehta, AC to SC-II, learned counsel appearing for the State, has not disputed the fact that the legal issue has already been decided by the
Decision
be communicated to the writ petitioner by passing speaking order within the aforesaid period. 12 33. Accordingly, the instant writ petition stands disposed of. (Sujit Narayan Prasad, J.) (Pradeep Kumar Srivastava, J.) Birendra/A.F.R.