Sudhir Agarwal, J. - (1.) Heard Sri R.C. Singh, counsel for the petitioner, Learned standing counsel for respondent Nos. 2,4 and 5 and Sri K.K. Rai on behalf of respondent Nos. 1 and 3.
(2.) The petitioner was appointed as Assistant teacher in Junior Primary School Mathia Bodarwar Block Kaptanganj, District Deoria vide appointment letter dated 12.1.1973 issued by Basic Shiksha Adhikari. The sub Inspector of School vide order dated 20.9.1973 transferred the petitioner to Junior High School Bodarwar Block Kaptanganj, District Deoria. In pursuance to the aforesaid order of transfer the petitioner joined on 16.10.1973 at Junior High School Bodarwar Block Kaptanganj, District Deoria but she was paid salary applicable to the assistant teacher working in Junior Primary School. She made a representation claiming salary of the post on which she was discharging duties but the same was not paid and in the meantime when the matter remained pending, the petitioner was considered for regular promotion in the cadre of Assistant teacher, Junior High School and after her selection by departmental selection Committee she was promoted as Assistant Teacher, Junior High School w.e.f. 1.11.1986. The respondents have paid salary of Assistant teacher, Junior High School to the petitioner from 1.11.1986 and onwards i.e. after promotion. Claiming the salary of the period i.e. 16.10.1973 to 30.10.1986, for the post of Assistant teacher, Junior High School, she approached this Court vide writ petition No. 16386 of 1998 which was disposed of vide order dated 13.5.1998 directing the authorities concerned to consider the matter and decide by a speaking order. The Assistant Director of Education, Gorakhpur has passed the impugned order dated 15.10.1998 holding that she was promoted only on 1.11.1986 and thereafter has been paid salary on the post of Assistant Teacher, Junior High School and for the period of 16.10.1973 to 30.10.1986 she is not entitled for salary on the post of Assistant Teacher, Junior High School.
(3.) Learned Counsel for the petitioner submits that formal promotion in the cadre of Assistant teacher in Junior High School might have been delayed by the respondents but that can not be a valid reason to deny payment of salary to the petitioner of the post of which she was made to discharge duties. He submits where the respondents themselves posted the petitioner as Assistant teacher in the Junior High School and made her to work and discharge duties as Assistant Teacher in Junior High School, she could not have been denied salary payable for such work which all other teachers discharging same duties were being paid. He submits that the action of the respondents in denying salary to the petitioner on the post of Assistant teacher of Junior High School from 16.10.1973 till 30.10.1986 is arbitrary and violative of principle of equal pay for equal work besides being contrary to Article 23 as it amounts to forcing the petitioner for Begaar. He also contended that the transfer was made by the authorities on their own and it was not open to the petitioner to disobey such order of transfer. That being so in the matter of salary the petitioner could not have been discriminated and therefore she was entitled for salary for the work she discharged at Junior High School, Bodarwar, Block Kaptanganj, district Deoria.;