- (1.) WE have heard Mr. Kundan Kumar Ambastha. learned Counsel for the petitioners and also Mr. Shailesh learned Counsel appearing for the respondent -petitioner as Amicus curiae.
(2.) ON going through the impugned order passed by learned single judge, it is clear that the petitioner is entitled to the pay scale of Rs. 7,500 - 12,500/ - with effect from the date the Blind School was upgraded into Middle School and also entitled to the pay scale of Rs. 6,500 - 10,500/ - with effect from 1.4.1997. Without considering the similarity with reference to the deaf and dumb and the blind, resolution has been passed discriminating the school of deaf and dumb in Patna and the school of blind at Ranchi. This discrimination has to be held as irrational and contrary to Articles 14 and 16 of the Constitution of India as rightly pointed out by the learned single Judge. Therefore, we do not find any ground to hold that the learned single Judge is wrong. Hence, the order of learned single Judge is confirmed and this application is dismissed. Learned Counsel for the petitioner now submitted that department will clear off the amount within a month from today and he has requested the Court to cancel the order with respect to the cost of Rs. 5,000/ -. In view of the undertaking given by the petitioner that entire amount will be paid to the respondent -petitioner within one month from today, as suggested by counsel for the respondent -Amicus Curiae, it will be appropriate to cancel the order with reference to the cost. Accordingly, this appeal is dismissed.
(3.) THE Jharkhand State Legal Services Authority is greeted to pay Rs. 1000/ - (One thousand only) as the counsel fee to Mr. Shailesh. Appeal dismissed.;