Court No. - 39
Case :- WRIT - A No. - 11265 of 2019 Petitioner :- Kusum Lata And 10 Ohers Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Sanjay Kr. Srivastava Counsel for Respondent :- C.S.C.,Shivam Yadav
Hon'ble Neeraj Tiwari,J.
Heard learned counsel for the petitioners, learned standing counsel for respondent no. 1 and Sri Shivam Yadav, learned counsel for respondent nos. 2 and 3.
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.
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 produced before 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 esa lwP; 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 esa osru 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 esa LFkkukUrfjr tuin esa 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.kksa dks vfUre osru izek.k i= ¼,y-ih-lh-½ ds vk/kkj ij osru vkx.ku dj Pay Protection ds fu;eksa dk ikyu djrs gq, osru Hkqxrku djus dh dk;Zokgh dj ek0 mPp U;k;ky; ds vkns'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.
Learned counsel for the petitioners submits that representation of the petitioners may be reconsidered and decided the same within stipulated period.
Considering the facts and circumstances of the case, this petition is disposed of with direction to respondent nos. 2 and 3 to ensure compliance of directives issued by Secretary, U.P. Basic Education Board, Allahabad vide letter-cum-order dated 23.07.2018 strictly in accordance with law maximum within a period of six weeks from the date of production of certified copy of the order. If there is any legal impediment providing the pay scale in light of letter-cum-order dated 23.07.2018 issued by Secretary, U.P. Basic Education Board, Allahabad, he shall pass reasoned order within the same time.
Order Date :- 25.7.2019 Arvind