JUDGMENT M. Katju, J.
1. Heard learned counsel for the parties.
2. The petitioners have prayed for a mandamus directing the respondents to sanction the pay scale of Rs. 7,500-12,000 to the post of Sub-Deputy Inspector of Schools/ Assistant Basic Shiksha Adhikari and the corresponding higher pay scale to the post of Deputy Basic Shiksha Adhikari in terms of G.O. dated 20.7.2001, Annexure-1 to the petition.
3. The petitioner no. 1 is an employee's association and the petitioner Nos. 2, 3 and 4 are members of the association and are holding the post of Sub-Deputy Inspector of Schools/Assistant Basic Shiksha Adhikari and Deputy Basic Shiksha Adhikari in the Education Department of the U.P. Government. The grievance of the petitioners are regarding anomalies existing in their pay scales vis-a-vis the pay scale applicable to the Head Masters of Junior High Schools.
4. The petitioner No. 2 was selected by the U.P. Public Service Commission for the post of Sub-Deputy Inspector of Schools and granted appointment on the said post on 12.7.1985. Since then he is working on that post. As regard persons posted in blocks under the relevant G.O. of the State Government, the said post has been redesignated w.e.f. 10.5.1996 as Assistant Basic Shiksha Adhikari. Similarly, the petitioner No. 3 was appointed as Sub-Deputy Inspector of Schools on 27.9.1992 and granted promotion as Deputy Basic Shiksha Adhikari w.e.f. 31.1.1997. The., petitioner No. 4 was appointed as Assistant Teacher in a primary school on 16.11.1971 and thereafter promoted as Science Teacher in a Junior High School on 7.1.1977 and Head Master of the Junior High School on 5.7.1982, thereafter he was selected as Sub-Deputy Inspector of Schools on 19.3.1997 and at present, he is working as Assistant Basic Shiksha Adhikari.
5. The post of Sub-Deputy Inspector of Schools carries the revised pay scale of Rs. 4,000-500-7,000 w.e.f 1.1.1996 and the post of Assistant Basic Shiksha Adhikari, that is the equivalent post, carries the same pay scale. As regards the post of Deputy Basic Shiksha Adhikari, it carries the pay scale of Rs. 6,000-500-10,500 w.e.f 1.1.1996.
6. The post of Head Master of Junior High School carries the pay scale of Rs. 7,000-500-12,000 that is the selection grade pay scale as last revised on 20.7.2001 vide Annexure-1. By means of subsequent G.O. dated 3.9.2001 a promotion pay scale on the post Rs. 8,000-13,500 has further been made available vide Annexure-2 to the writ petition. From 1.1.1996 to 20.7.2001 the post of Head Master of the Junior High School had the sanctioned pay scale of Rs. 6,500-10,500.
7. In paras 14 and 15 of the writ petition, it is alleged that initially the post of Head Master of Junior High School carried a pay scale power than that for the post of Sub-Deputy Inspector of Schools/Assistant Basic Shiksha Adhikari and Deputy Basic Shiksha Adhikari. On account of the G.O. dated 20.7.2001, such pay scale has been drastically revised even though there was no corresponding revision with regard to the post of Sub-Deputy Inspector of Schools/ Assistant Basic Shiksha Adhikari and Deputy Basic Shiksha Adhikari.
8. The recruitment to the post of Sub-Deputy Inspector of Schools/ Assistant Basic Shiksha Adhikari and the Deputy Basic Shiksha Adhikari are governed by the U.P. Subordinate Educational (Sub-Deputy Inspector of Schools) Service Rules, 1992 vide Annexure-3 to the writ petition. Under these Rules 80% of the post of Sub-Deputy Inspector of Schools is required to be filled up by direct recruitment through the Commission, 10% are to be filled up through selection from amongst the Head Masters of the Junior High Schools, who had completed 10 years regular service on the first day of recruitment year, and 10% by promotion from Extension teachers and Craft teachers working in C.T. grade who are appointed prior to 21.4.1996 under Redeployment Scheme. In para 20 of the petition, it is stated that the Sub-Deputy Inspector of Schools/ Assistant Basic Shiksha Adhikari and the Deputy Basic Shiksha Adhikari also exercise administrative control over the Head Master of Junior High Schools. The details are given in para 20 of the petition. The minimum qualification for the post of Sub-Deputy Inspector of Schools/ Assistant Basic Shiksha Adhikari is graduation and teachers training qualification. On the other hand, minimum qualification for the post of Head Master of a Junior High School is simply serving as an Assistant Teacher in a Junior High School for five years with B.T.C. The appointment to the post of Sub-Deputy Inspector of Schools/ Assistant Basic Shiksha Adhikari has to be through the Public Service Commission, while the post of Head Master of Junior High School is not filled up by selection through the Public Service Commission but by promotion from amongst the Assistant Teachers of Junior High School. Hence, it is alleged that there is discrimination against the petitioners because their pay scale has not been revised. The petitioners made representation on various dates but no action was taken on the same. True copies of the representations are Annexure-5 to 10 to the writ petition. It is alleged in para 25 of the writ petition that by means of a Government order 20.10.1997 the State Government constituted a Pay Committee known as Bajaj Committee for reconsidering revision of pay scales of the Government servants. Petitioners made representation to the said Committee but to no avail. Hence this writ petition.
9. A counter-affidavit has been filed by the respondents and we have perused the same. It is stated in para 3 of the counter-affidavit that while the pay scale of teachers was revised by G.O. dated 20.7.2001 no decision was taken with regard to the pay scale of Sub-Deputy Inspector of Schools/Assistant Basic Shiksha Adhikari and Deputy Basic Shiksha Adhikari. There is no denial that the pay scale of Head Master was earlier lower than that of the petitioners, but now it has become higher. In para 16 of the counter-affidavit, it is stated that the Director Basic Education has sent his recommendation regarding these anomalies to the State Government.
10. We have also perused the rejoinder-affidavit. It appears that by G.O. dated 20.7.2001, the pay scale of Head Master of the Junior High School and other teachers in Junior High School has been brought at par with the Central Government employees but no corresponding revision was effected in the case of the petitioners. Hence we are satisfied that there is discrimination against the petitioners and anomalies in this regard. The petitioners are in fact supervising the work of Head Masters of Junior High School and they were getting higher pay scale before the pay scale of Head Master was revised on 20.7.2000 in our opinion when the pay scale of Head Master of the Junior High School was revised on 20.7.2001 the pay scale of the petitioners should have been simultaneously revised. The grievance of the petitioners is, hence fully justified.
11. In view of the above discussion, the writ petition is allowed. A mandamus is issued to the respondents to grant to the Sub-Deputy Inspector/Assistant Basic Shiksha Adhikaries and Deputy Basic Shiksha Adhikaries forthwith the pay scales as prayed for in the petition. A further mandamus is Issued to the respondents to consider grant to the petitioners of higher pay scales than that of Head Master of Junior High School, since they were enjoying higher pay scale before 20.7.2001.