Data Deen vs Dirctorate Of Education & Anr

The narrow controversy in this appeal pertains to the correctness of the learned Single Judge’s order dated 22.02.2017 declining to modify an

earlier order in W.P. (C) 7732/2010. The writ petition had sought for an appropriate pay fixation consequent upon the petitioner/appellant’s

promotion as Laboratory Assistant w.e.f. 01.02.2009. The writ petitioner had occasioned to approach this Court earlier in 2008, contending that he

was unfairly denied regular promotion to the grade of Laboratory Assistant even though ACP benefits had been granted to him. The learned Single

Judge dismissed the writ petition, but the Division Bench held the petitioner entitled to the benefits of regular promotion.

The W.P. (C) 7732/2010 had sought for various reliefs. During its pendency, the petitioner/appellant had retired, but the management of the unaided

schoolâ€"where he was employed, had issued an order on 10.04.2012, which in effect had the result of pay reduction. More specifically, the grade

payâ€"originally fixed at Rs. 2800/- per month on 26.04.2010, was altered to Rs. 2400/- per month. The petitioner/appellant had contended that this

reduction was unfair and mala fide. He had relied upon the instance of one late Kishan Chand, who was promoted 11 months after him but was

granted grade pay of Rs. 2800/- per month on the same post.

The reasoning which the impugned order has adopted in this case is that the petitioner/appellant’s grievance originally was with respect to his

promotion as Lab Assistant, but since that relief had been granted, the fixation was beyond the scope of the proceedings.

This Court has considered the submissions of the parties. The respondent-Management has urged that all dues payable to the

petitioner/appellant’s after his retirement have been collected and that in these circumstances, he cannot have any surviving grievance, and urged

that the Court should not disturb the impugned order.

The materials on recordâ€"in the form of an Office Order of 17.07.2010 sanctioning the gratuity to Kishan Chand, clearly records that he was a

Lab Assistant in the Scale of Rs. 5200/- â€" Rs. 20,200/- with Grade Pay of Rs. 2800/-. In the petitioner/appellant’s case, however, the grade pay

for the same post originally fixed at Rs. 2800/- has now been reduced to Rs. 2400/-. The respondent/Management has not explained the reduction

despite a pleading in the concerned application nor was any such explanation forthcoming even during the course of hearing today.

In the above circumstances, the Court is of the opinion that the reduction of the grade pay to Rs. 2400/- from original grade of Rs. 2800/- is outside

the framework of the Rules, which prescribe that for the post of Lab Assistant, the pay scale would Rs. 5200/- â€" Rs. 20,200/- with Grade Pay of

Rs. 2800/-. Accordingly, a direction is issued to the second respondent-Mira Model Senior Secondly School to recalculate the pay benefits and arrears

and all terminal benefits, on the basis of petitioner/appellant’s having earned and been entitled to grade pay @ Rs. 2800/- per month from

01.02.2009 till the date of his retirement/superannuation. The appropriate fixation order alongwith arrears constituting the difference between the

amounts paid and what is payable, shall be released to the petitioner within six weeks from today.

The appeal is allowed in above terms.