AI Structured Summary
Not yet generated for this judgment
Judgment
Rakesh Mohan Pandey, J
1) Petitioner's earlier writ petition bearing WPS No. 2931 of 2016 where she had prayed for benefit of grant of regular pay scale from the date of initial appointment was disposed of vide order dated 15.07.2016 directing petitioner to approach the committee constituted by the State Government referred to in order dated 18.02.2015 passed in case of Gopal Ram Sonwani Vs. State of Chhattisgarh & Anr.
2) Petitioner's representation has been dismissed vide order dated 16.11.2016 [Annexure P/1] on the ground that she was not appointed as Assistant Teacher, but in fact her initial appointment was as a trainee for a period of two years and was to be posted as teacher after one year of the training, therefore, she is not entitled to be granted benefit of regular pay scale. Similar plea has been raised in the return filed by the State.
3) Learned counsel for the petitioner submits that similarly placed teachers who were also appointed in the same manner as a trainee for the first year and thereafter as a teacher on successful completion of one year training have been granted benefit of regular pay scale after similar direction issued to the respondents in their respective writ petitions. He would submit that Poonadevi Mandavi, Bhagwati Ram, Khilanand abd Shivdayal were appointed by the same appointment order under which the petitioner was appointed in services and the said persons have been granted benefit of regular pay scale pursuant to directions issued by this Court in WPS No. 1242 of 2008.
4) Since, the teachers who were appointed by the same appointment order by which the petitioner was also appointed on 30.06.1976 have already been granted benefit of regular pay scale, there is absolutely no justification for denying the said benefit to the petitioner. Having granted benefit of regular pay scale to similarly placed teachers, denial of the said benefit to the petitioner is in violation of Article 14 of the Constitution of India.
5) Accordingly, the order dated 16.11.2016, to the extent by which the petitioner has been denied benefit of regular pay scale from the date of initial appointment is quashed. The petitioner is held entitled to the benefit of regular pay scale from the date of initial appointment.
6) The respondents shall do the needful within a period of three months from today. Accordingly, the writ petition stands allowed.