State Of Bihar & Ors vs Bihar State +2 Lecturers Associations & ...

3. To appreciate the controversy raised in the present appeal, few relevant facts may be noted:

4. Advertisement No. 1 of 1987 was issued by the appellants, inviting applications for appointment of +2 Lecturers in Secondary Schools in the pay scales of Rs.940-1660 in Government Schools as well as in Nationalized Schools. The qualification prescribed in the Advertisement for the post was Post-Graduate Degree in II Class. There was no requirement of having training for appointment to the said post. In 1989, Members of the Respondent-Association who had Post-Graduate Degree in II Class but who were untrained, were selected and appointed as Lecturers in Nationalized Schools in the pay scales of Rs.940-1660. After Vth Pay Commission, pay scales of Rs.940-1660 were revised to Rs.1640-2900 with effect from January 1, 1996. It appears that initially, there was difference in pay scales of +2 Lecturers serving in Government Schools and serving in Nationalized Schools other than Government Schools. After a decision of the High Court in Civil Writ Jurisdiction Case No. 2445 of 1994, all +2 Lecturers were granted uniform pay scales irrespective of their posting. The controversy raised in the present matter relates to difference of pay scales between lecturers who are trained and lecturers who are untrained. A Fitment Committee was appointed by the Government to consider the pay scales of trained and untrained lecturers. The Fitment Committee considered the question and recommended different pay scales for trained and untrained lecturers. The State Government accepted the recommendation of the Fitment Committee and fixed pay scales of Rs.5000-8000 for untrained lecturers and Rs.6500-10500 for trained lecturers. Government Resolution was passed on February 8, 1999 and a notification was issued on June 10, 1999.

5. There was resentment amongst the employees against fixation of two different pay scales of +2 Lecturers on the basis of training. A writ petition was, therefore, filed by the Association challenging classification made on the basis of training. A Fitment Appellate Committee was, therefore, constituted by the State Government presided over by a sitting Judge of the High Court by an order dated January 15, 2000 to go into the anomalies in pay scales of trained lecturers and untrained lecturers. The Fitment Appellate Committee submitted its report, recommending payment of uniform pay scales to trained as well as untrained lecturers observing that different pay scales to trained and untrained lecturers would be arbitrary and unreasonable. The State Government, however, maintained that there is difference between trained lecturers and untrained lecturers and difference in pay scales would not violate Article 14 of the Constitution.

6. The learned single Judge who heard the writ petition upheld the contention of the State Government and dismissed the petition filed by the Association holding that in making distinction between trained lecturers and untrained lecturers and in fixing different pay scales, State Government had not violated any provision of the Constitution and the petition was liable to be dismissed. The Division Bench, however, as observed earlier, allowed the appeal, set aside the order passed by the single Judge and directed the State Authorities to grant uniform pay scales to trained and untrained lecturers. The order passed by the Division Bench is challenged by the State Authorities in the present Appeal by Special Leave.

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36. The Fitment Committee, in its report stated;

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41. The above discussion would normally result into the appeal being allowed by setting aside the order passed by the Division Bench and by restoring the order of the learned single Judge upholding the action of the State Government. In the facts and circumstances of the case, however, we are not persuaded to set aside the order of the Division Bench in exercise of discretionary jurisdiction of this Court under Article 136 read with Article 142 of the Constitution mainly because of two reasons;

43. Secondly, it was stated in the Affidavit-in-reply filed by the untrained lecturers Association (writ petitioners) that after the report of the Fitment Appellate Committee, the State Government on January 22, 2001 withdrew its earlier order dated October 19, 2000 for sending untrained lecturers (in-service candidates) for taking training on the ground that no such training was mandatory in view of report of the Committee and when uniform pay-scales were to be given to trained as well as untrained lecturers.

44. For the reasons aforesaid, though we are firmly of the view that the Division Bench of the High Court of Judicature at Patna was not right in holding that there is no distinction between trained lecturers on the one hand and untrained lecturers on the other hand and no different pay scales can be prescribed for trained and untrained lecturers and such fixation of pay scales would violate Article 14 of the Constitution, and though we hold that the learned single Judge was right in upholding the classification between trained and untrained lecturers as rational, reasonable and intelligible, in the facts and circumstances of the case, we do not intend to interfere with the final direction issued by the Division Bench in the light of two circumstances referred to above. Appeal is accordingly disposed of. In the facts and circumstances of the case, however, there shall be no order as to costs.