Sahdeo Ram vs State of Jharkhand

Mr. Ananda Sen, J. - The prayer in these writ applications are similar, so they are being disposed of by a common order.

The petitioners claim that they are entitled to get salary in regular pay scale from the initial date of appointment in the Project High School.

Counsel for the petitioners submit that the similar issue has already been decided by the Hon''ble Court in the Case of Takeshwar Prasad Sahu & Ors v. The State of Jharkhand & Ors, in W.P.(S) No. 3122 of 2005 vide order dated 14.10.2009. It has been submitted that the Letters Patent Appeal arising out of the said judgment has also been dismissed vide order dated 06.09.2011, and thereafter, consequential office order has been issued, by the Director Secondary Education, Jharkhand, in respect of those persons giving them the benefit. The petitioners submit that, since the petitioners are also appointed in the Project High School, they are also entitled to get the same benefit same as that of the teachers, whose cases were decided vide W.P.(S) No. 3122 of 2005.

On 13.01.2016, in W.P.(S) No. 4884 of 2011, a direction was given to the State, to come out with their stand, pursuant to the judgment passed in the case of Takeshwar Prasad Sahu & Ors (Supra).

An affidavit has been filed W.P.S. No. 1429 of 2015 by the Director Secondary Education, sworn on 11.07.2016, wherein, in paragraphs no. 16 and 17, following has been submitted;

"16. That there are still many teachers of Project Schools of 1981-82 phase including petitioner who are getting there salary in regular pay scale from 01.04.1986.

The State Government is actively considering to take a decision with regard to payment of salary in regular pay scale to the teachers of Project Schools of 1981-82 phase from their date of joining or 01.01.1982 which ever is later. Status of payment of salary of such teachers has been called for from respective District Education Officer. Since the number of such teachers is large, hence consent of Finance Department and approval of Cabinet of Ministers has to be taken. Who are still getting their salary in regular pay scale from 01.04.1986 instead of their initial date of joining or 01.01.1982."

From perusal of the said statement, it is clear that the Government is actively considering to take decision with regard to payment of salary in regular pay scale to the teachers of the Project High Schools of 1981-82 phase from their date of joining or from 01.01.82, whichever is later.

It is also apparent that, there being large number of teachers, in the same category, hence consent of Finance Department and approval of Cabinet has to be taken. Since, the State is actively considering the case of the petitioners, I dispose of these writ applications, directing the Secretary Department of Human Resources, Government of Jharkhand, to take a final decision, in respect of payment of salary, in the regular pay scale to the petitioners as mentioned in the counter-affidavit specially in paragraph no. 17, of the counter and also keeping in view the judgment passed in the case of Takeshwar Prasad Sahu & Ors (Supra). The said decision should be taken within a period of three months from the date of receipt of a copy of this order. Pursuant to such decision, if any monetary benefit is to be extended to these petitioners, the same should be paid within a period of one month, thereafter.

This writ application stands disposed of, with the aforesaid observation and direction.