Court No. - 32
Case :- WRIT - A No. - 9502 of 2019 Petitioner :- Ajay Kumar Sharma And 8 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Sunil Kumar Singh,Raj Kumar Singh Counsel for Respondent :- C.S.C.,Nisheeth Yadav
Hon'ble Prakash Padia,J.
Heard learned counsel for the petitioners. Learned Standing Counsel has accepted notice on behalf of respondent no.1 and Sri Nisheeth Yadav, learned counsel, has accepted notices on behalf of respondents no.2 to 4.
The petitioners have preferred the present writ petition with the following prayers :-
"(i) Issue a writ, order or direction in the nature of mandamus commanding the respondents to pay the salary to the petitioners on 4600/- grade pay and arrears as they were getting before their transfer to District Varanasi."
Learned counsel for the petitioner relied upon a judgment rendered by a Co-ordinate Bench of this Court in Writ A No.25804 of 2018 (Vivek Kumar and 4 others Vs. State of U.P. and 3 others) decided on 6.12.2018. The order passed in the aforesaid writ petition is quoted below:-
"1. Heard learned counsel for the parties.
2. The petitioners have approached this Court with a prayer that though they have under compulsion adopted position lower in rank to what they were enjoying at the time of transfer from one district to another district and now just because they were getting a preferred district choice, they are now further forced to get lower pay admissible to the post to which they have joined.
3. The argument advanced by learned counsel for the petitioners is that though the petitioners have been forced to join lower rank only on account of the fact that the teachers of their batch have not been promoted. Accordingly, the argument is that the respondents cannot force them to get lesser salary. They were being paid grade pay of Rs. 4600/- at the time of transfer, now they are being forced to accept pay grade of Rs. 4200/-.
4. This Court in a large number of writ petitions has issued direction to the concerned authorities to look into the matter of protection of pay: pay scale and pay grade in respect of such teachers who have been forced to accept lower position on account of preferred district transfer.
5. Learned counsel for the petitioners has drawn the attention of the Court to a letter-cum-order of the Secretary, U.P. Basic Education Board, Allahabad dated 23.07.2018, wherein the following directions have been issued in respect of pay protection of such teachers:-
^^mDr ds lEcU/k eas lP;w gS fd ;kphx.kkas dks Pay Protection dk ykHk fn;k tkuk pkfg,A vr% ,y-ih-lh- ¼vfUre osru izek.k i= ½ ds vk/kkj ij u;s tuin eas ors u dk vkxeu dj Pay Protection ds fu;eksa dk ikyu fd;k tkuk pkfg,A pwafd inksUur izkIr f'k{kd viuh ethZ ls LFkkukUrfjr gksdj vk;s gSa ,slh fLFkfr eas LFkkukUrfjr tuin eas mudh T;s"Brk ftl in ij ;ksxnku fn;s gS@ dk;ZHkkj xzg.k fd;s gSa mlh in ij lcls uhps gh j[kk tk;sA mDr ds lEcU/k eas vkidks funsZf'kr fd;k tkrk gS fd ;kphx.kkas dks vfUre osru izek.k i= ¼,y-ih-lh- ½ ds vk/kkj ij osru vkx.ku dj Pay Protection ds fu;ekas dk ikyu djrs gq, ors u Hkqxrku djus dh dk;Zokgh dj ek0 mPp U;k;ky; ds vkns'k dk vuqikyu lqfuf'pr djasA^^
6. However, the petitioners contend that though they have been representing the authorities but no action has been taken. In the opinion of Court, the District Basic Education Officer concerned is hide bound in law to carry out the directions issued by the Secretary, U.P. Basic Education Board, Allahabad vide his letter-cum-order dated 23.07.2018.
7. In view of the above, direction is issued to respondent no. 2, 3 & 4 to ensure compliance of directives issued by Secretary, U.P. Basic Education Board, Allahabad vide his letter-cum-order dated 23.07.2018, in accordance with law, if there is no other legal impediment. He shall take decision in the matter in any case positively within six weeks from the date of production of certified copy of the order.
8. The writ petition stands disposed of."
In the facts and circumstances of the case, the present writ petition is also disposed of directing the respondents to ensure the compliance of the directives issued by the Secretary, U.P. Basic Education Board, Allahabad vide his letter dated 23.07.2018 in accordance with law, if there is no other legal impediment. It is further provided that the aforesaid respondents shall take a decision in the matter positively within six weeks from the date of production of certified copy of this order.
With the aforesaid observations, the present writ petition is disposed of.
Order Date :- 4.6.2019 Pramod Tripathi