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Judgment
S.Harkauli, J.—Heard learned counsel for the parties and perused the record.
The question of pay fixation of teachers after taking the College on grantin aid at their proper place in the admissible pay scale was governed by the Government order dated 2471986 Annexure 2 to this writ petition. Subsequently as stated in the counteraffidavit the Government order dated 1371992 provided that all the teachers would be fixed at the lowest point of the pay scale when the College is taken on grartinaid. The said Government order dated 1371992 and the consequential order dated 1091992 was quashed by this Court in the case of Shanker Dayal Singh v. Director of Education, reported in 1997(1) AWC 339. on the ground that applying of these orders would amount treating the unequals equally in as much as after taking the College on grantinaid a teacher who has put in ten years of service and the teacher who has put in only six months of service would be placed at the same level in the new pay scale.
In view of above decision fixation is required to be done in accordance with the said Government order dated 1471986 unless the same has been altered or changed by any other Government order or rule to the contrary other than the Government orders which have been quashed above.
It has been pointed out by the learned counsel for the petitioner that pursuant to the interim order dated 1131998 passed in this writ petition, the respondents have already completed the fixation of the teachers of the petitioner''s college in the new pay scales but the payment has not been made according to the said fixation.
Considering the circumstances referred above this writ petition is allowed with the directions that the respondent Nos. 2 and 3 will examine the case of the teachers of the petitioner''s college in the light of the aforesaid observation for fixation of all the teachers and staff at their proper places in the admissible pay scale and after fixation, the payment will be made to the concerned staff and the arrears if any, may also be paid in accordance with aforesaid pay fixation. Unless pay fixation done pursuant to the order dated 1131998 is approved, new pay fixation will be done by the respondent within three months of the date on which the certified copy of this order is produced before the respondent No. 2 by the petitioner. Payment of arrears and current pay scale in accordance with revised fixation will be made within a further period of three months after fixation.