- (1.) Two writ petitions filed by private respondents herein were decided by the learned Single Judge vide common judgement dated 01.12.2010, as the issue raised by the respondents in both the petitions was identical. All these respondents i.e. 69 in one case and 57 in the other case belonged to the category of Head Master/Head Mistress to which post they were promoted from the cadre of Master/Mistress after rendering 20 years of service. The pay scale of Master/Mistress was Rs. 5500-9000. After 20 years of service, the Master/Mistress was entitled to be placed in the higher scale of Rs. 6500-10500, in case, he/she did not get the promotion to the post of Head Master/Head Mistress, in the meantime. The promotional scale of the post of Head Master/Head Mistress was also Rs. 6500-10500.
(2.) As these respondents had already rendered service of more than twenty years before they were promoted, they had already been given the pay scale of Rs. 6500-10500, while working as Masters/Mistresses. However, on their promotion, they remained in the pay scale of Rs. 6500-10500, which was the pay scale of the post of Head Master/Head Mistress. The respondents made grievance about this pay scale and grievance for remaining in the same pay scale even on their promotion and their submission was that they should have been granted higher pay scale on their promotion as the pay scale of feeder cadre and promotional posts could not be the same. Number of representations were made which were considered by the government and vide order dated 01.08.2000, the pay scale of Head Master/Head Mistress was revised to Rs. 7500-12000. Benefit of this pay scale was given from 01.08.2000, the date, on which the order was passed. This, according to the respondents, was the partial relief and their contention, in this behalf, was that once the anomaly was removed which had crept in while revising the pay scales on 01.01.1996, proper date for implementation of the said order should have been 01.01.1996. It is in this factual background that all these respondents filed the aforesaid two writ petitions claiming the pay scale of Rs.7500-12000 w.e.f. 01.01.1996 instead of 01.08.2000, granted by the government/appellants herein. The plea of the respondents has found favour with the learned Single Judge resulting into allowing the writ petitions vide judgement dated 01.12.2010 and issuing mandamus to the appellants to grant revised pay scale of Rs. 7500-12000 w.e.f. 01.01.1996, the date, when the anomaly arose. However, at the same time, the learned Single Judge has also directed that the respondents will get pay fixation on that basis notionally w.e.f. 01.01.1996 and arrears of pay are restricted to 38 months from the filing of the writ petition.
(3.) It is this judgement of the learned Single Judge against which these two intra Court appeals have been preferred.;