Court No. - 39
Case :- WRIT - A No. - 15274 of 2019 Petitioner :- Jogendra Prakash Singh And 2 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Rohit Upadhyay Counsel for Respondent :- C.S.C.,Ram Bilas Yadav
Hon'ble Neeraj Tiwari,J.
Heard learned counsel for the petitioners, learned Standing Counsel appearing for respondent no. 1 and Sri R. B. Yadav, learned counsel for respondent nos. 2, 3 and 4.
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.
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/-.
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.
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 d s lEcU/k e sa l wP; gS fd ;kphx.kk as dk s Pay Protection dk ykHk fn;k tkuk pkfg,A vr% ,y-ih-lh- ¼vfUre o sru izek.k i=½ d s vk/kkj ij u; s tuin e sa o sru dk vkxeu dj Pay Protection d s fu;ek sa dk ikyu fd;k tkuk pkfg,A p waf d ink sU ur izkIr f'k{kd viuh ethZ l s LFkkukUrfjr gk sdj vk; s gS a , slh fLFkfr e sa LFkkukUrfjr tuin e sa mudh T; s" Brk ftl in ij ;k sxnku fn; s gS@ dk;ZHkkj xzg.k fd; s gS a mlh in ij lcls uhp s gh j[kk tk; sA mDr d s lEcU/k e as vkidk s fun sZ f'kr fd;k tkrk gS fd ;kphx.kk sa dk s vfUre o sru izek.k i= ¼,y-ih-lh-½ d s vk/kkj ij o sru vkx.ku dj Pay Protection d s fu;ek sa dk ikyu djrs gq, o sru Hkqxrku djus dh dk;Zokgh dj ek0 mPp U;k;ky; d s vkn s'k dk vuqikyu lqfuf'pr djsaA ^^ 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.
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. Petitioners are given liberty to file a fresh representation alongwith certified copy of this order.
The writ petition stands disposed of.
Order Date :- 26.9.2019 Ashutosh