HIGH COURT OF UTTARANCHAL AT NAINITAL Writ Petition No. 1128 (S/B) of 2002 Kishan Singh Negi and Another. …Petitioners Vs State of Uttaranchal and Others. …Respondents Counsel for the petitioner Shri V.K. Bist, Standing Counsel for the Respondents, Dated: - 13-7-2004 Hon’ble Rajesh Tandon J. Heard Shri V.K. Bist Learned counsel for the petitioners and Standing counsel for the respondents. By the present writ petition the petitioners have prayed for the issue of a writ, order or direction in the nature of mandamus commanding the respondents to revise the pay scale of the petitioners and grant them same pay scale which is being given to their counter parts i.e. Deputy Basic Shiksha Adhikari of the State w.e.f. 01-01-96. Brief facts giving rise to the present writ petition are that the Petitioner No. 1 was appointed on the post of Education Superintendent Grade –I in the pay scale of Rs. 200-450/- in Nagar Palika, Nainital. The petitioner No. 1 was confirmed in the pay scale of Rs. 320-620/- w.e.f. 18-11-1973 vide order dated 3-3-1989 of Director of Education (Basic)/ Adhyaksh, Uttar Pradesh Basic Shiksha, Parishad, Allahabad. After having completed ten years of service the petitioner No. 1 was granted selection grade with an increment from 1-1-7986 and again after completion of 16 years, then he was promoted in the grade of Rs.5000-8000. On 26-6-1986 the petitioner No. 2 was appointed as Education Superintendent Grade III in the pay scale of Rs. 470 to 375/-. On 4-9-4989 he was promoted on the post of Education Superintendent Grade II in the pay scale of Rs. 515-860/-. The pay scale was subsequently revised as Rs/ 1400- 2300/-, since the petitioner No. 2 was postgraduate and was eligible for his promotion on Grade I. He was promoted as Education Superintendent Grade- I vide order dated 16-8-1995 of Director of Education (Basic)/ Adhyaksh Basic Shiksha Parishad, Allahabad in the pay scale of Rs. 1400-2400/-(Presently Rs. 4500-7200/-) and this promotion was given to the petitioner No. 2 on the ground of post graduate qualification. The state government has changed the nomenclature of the post of Education Superintendent as Nagar Shiksha Adhikari on 24-3-1998. In view of this order the designation of the petitioners was changed as Nagar Shiksha Adhikari Grade-I. At present the petitioner No.1 is working as Nagar Shiksha Adhikari Grade-I Haldwani and the petitioner no.2 is working as Nagar Shiksha Adharikari-I, Dehradun. The pay scale of Education Superintendent Grade-I (Nagar Shiksha Adhikari-I) was revised from time to time in the following manner. From 01-08-1972 Rs.320-620 From 01-07- 1979 Rs.550-940 From 01-01-1986 Rs.1400-2400 From 01-01-1996 Rs.4500-7250 The petitioner No. 1 was an employee of Nagar Palika and was working under Nagar Palika Centralized Service Rule prior to 01-08-1972. But after creation of Basic Shiksha Parishad the service of all Education Superintendents and Assistant Education Superintendents working in cities were brought under Basis Shiksha Parishad under U.P. Basic Education Act, 1972 and Promotion Avenue was also available under Nagar Palika service. The petitioner No. 1 would also have promoted up to the post of Executive Officer/Up Mukhya Adhikari. The petitioner no.1 was promoted as Education Superintendent Grade-I in the year 1991 and he has completed 31 years of service but he could not get even single promotion in this tenure. The petitioners alone was employees of Basic Shiksha Parishad were not considered for higher posts and infact government officers are appointed/ promoted on such post. The qualifications for the post of Nagar Shiksha Adhikari-I (On which the petitioners are working) is post graduate whereas qualification for the post of Deputy Basic Shiksha Adhikari is graduate but the pay scale of the Nagar Shiksha Adhikari-I is Rs. 4500-7250/- whereas pay scale of Deputy Basic Shiksha Adikhari is Rs. 6500-10,500/-. The petitioner has preferred several representations before the respondents by the Association of the Nagar Shiksha Adhikari for granting them higher pay scale. Then, the Association filed a writ petition, the writ petition no. 7797 of 1988, U.P. Municipal Education Inspecting Officers Association and another Vs. State of U.P. and others before the Lucknow Bench of Allahabad High Court. On 9-3-1994, the Hon’ble Court has directed the respondents to pay same salary to the petitioners (of the writ petition). Following order was passed by the High Court:- “Opposite parties are directed to pay same salary to petitioners which is being paid to the Deputy Inspector of Schools or show cause on the date of Listing.” Unfortunately, neither any counter affidavit was filed nor salary of Deputy Inspector of Schools was given to the petitioners. On 22-12-2001 Nagar Shiksha Adhikari Sangh, Uttaranchal also submitted his representation before Director of Education (Uttaranchal) or amalgamating the posts of Nagar Shiksha Adhikari and Assistant Nagar Shiksha Adhikari into the post of Deputy Basic Shiksha Adhikari and Assistant Basic Shiksha Adhikari respectively. The representation dt. 22-12- 2001 of the petitioner is as under:- ^^mDr fLFkfr easa lEizfr rhu Js.kh osrudzeksa esa uxj laoxZ das vf/kdkfj;ksa dks fuEuor Jsf.k;ksa esa lek;ksftr dj mUgsa mi csfld f”k{kk vf/kdkjh ,oa izfr mi fo?kky; fujh{kd@ lgk;d csfld f”k{kk vf/kdkjh dh HkkWfr iape osrueku fn;k tk;sA^^ in orZeku osrueku 'kSf{kd ;ksX;rk Lohd`r inksa dh la[;k iape osrueku gsrq izLrkfor osrueku HkrhZ dh fLFkfr dk fooj.k lgk;d uxj f’k{kk vf/kdkjh 3050&4590 izf'kf{kr Lukrd 10 lk/kkj.kosrueku 6500&200&10500 p;u osrueku 7500&250&12000 izksUufr orZeku 8000&275&13500 izkFkfed fo?kky; es l0v0 dh izksUufr lsA Uxj f”k{kk vf/kdkjh ¼f)rh;@r`rh; Js.kh) 4500&7000 izf'kf{kr Lukrd 01 lk/kkj.kosrueku 7500&250&12000 p;u osrueku 8000&275&13500 lgk;d uxj f”k{kk vf/kdkjh dh izksUufr ,oa lh/kh HkrhZ lsA uxj f”k{kk vf/kdkjh ¼izFke Js.kh½ 4500&7250 izf'kf{kr LukrdksRrj 11 lk/kkj.kosrueku 8000&275&13500 p;u osrueku 10000&325&15200 uxj f”k{kk vf/kdkjh f)rh; ls tks LukrdksRrj gksA On 21-2-2002, the additional Director of Education, Uttaranchal wrote to the State Government for granting the pay scale of Deputy Basis Shiksha Adhikari to the Nagar Shiksha Adhikari-I and pay scale of Assistant Basic Shiksha Adhikari to Assistant Nagar Adhikari. Allahabad High Court has issued a mandamus to the State of U.P. for granting higher pay scale of Rs. 7500-12000/- to Sub-Deputy Inspector/Assistant Basic Shidsha Adhikari and pay scale of Rs. 8000/- to 13570/- to Deputy Basic Adhikari on the ground that nature of their work is supervising the work of Head Masters of Junior High School. On 29-8-2002 following order was passed by Division Bench of this court:- “ Notices have been accepted by learned Chief Standing Counsel for State of Uttaranchal as well as by learned Standing Counsel for the State of U.P. who pray for and are allowed six weeks time to file counter affidavit. List after six weeks.” In order to justify the aforesaid administrative functions the petitioner has referred the G.O. dt. 10th May 1986 to the following effect:- fodkl [k.M Lrj dh lfefr;ksa dks vkSj vf/kd izHkkoh o fdz;k “khy cuk;s tkus ds fy;s ;g vko ;d gks x;k gS fd bl Lrj ij dk;Zjr dkfeZdksa ds vf/kdkjksa ,oa nkf;Roksa dks iqu% ifjHkkf’kr djrs gq,s mUgsa vkSj vf/kdkjh iznku fd;s tk;sa rkfd ;g mu fofHkUu dk;Zdzeksa dk lapkyu fodkl[k.M dks Lor% fodkl dh iw.kZ bdkbZ ekurs gq;s lapkfyr dj ldsaA vr% mi fo?kky; fujh{kd rFkk izfr mi fo?kky; fujh{kd ds inukeksa dks mijksDr vis{kkvksa ds vuq:i iqu% ifjHkkf’kr @ifjofrZr fd;s tkus dk fu.kZ; “kklu }kjk fy;k x;k gSA The petitioners have also referred regarding the report of the Bajaj Committee for reconsidering the pay scale as well as the Sub Committee, which was constituted by the State Govt. 17-11-97 for considering the revision of the pay scale of teachers. The petitioners have stated that they have also made their representation for the revision of the pay scale but of no avail and anomaly has been created by the Govt. by creating a disparity in the pay scale of headmasters and Sub Deputy Inspector of Schools. In reply to the show cause notice, the respondents have brought to the notice that the Sub Inspector of Junior High School are not covered under the recommendation of the 5th Pay Commission. In the light of the aforesaid facts and circumstances, the respondents are directed to consider the representation of the petitioners on the basis of G.O. dt. 22-12-2001, 17-10-2000 and 21-02-2002 within a period of 6 weeks after production of the certified copy of the order. The writ petition is allowed. There will be no order as to costs. (RAJESH TANDON J.) Dated: 13-7-2004 M.K.