Court No. - 39
Case :- WRIT - A No. - 13326 of 2019 Petitioner :- Manoj Kumar And 10 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Ehtesham Akhtar Counsel for Respondent :- C.S.C.,Shashi Kant Verma Hon'ble Neeraj Tiwari,J.
Heard learned counsel for the petitioners, learned standing counsel for respondent no. 1 and Sri Shashi Kant Verma, 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. 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.
For redressal of grievance, they have moved representation dated 05.08.2019 before respondent no. 2, but till date, the same has not been decided. Lastly, he submits that a suitable direction may be issued to respondent no. 2 to consider the representation of the petitioners and decide the same at the earliest.
Sri Shashi Kant Verma, learned counsel for respondent nos. 2 and 3 submits that representation of the petitioners shall be considered and decided in accordance with law at the earliest.
Under such facts and circumstances, this petition is disposed of with direction to respondent no. 2 to consider the representation of the petitioners dated 05.08.2019 and decide the same strictly in accordance with law maximum within a period of six weeks from the date of production of certified copy of the order.
Petitioners are directed to annex the photocopy of the representation dated 05.08.2019 along with certified copy of the order.
It is made clear that Court has not adjudicated the case on merits and it is upon the respondent no. 2 to decide the application of the petitioners after considering the relevant Rule as well as Government Orders occupying the field.
Order Date :- 22.8.2019 Arvind