BHUSHAN KHALKHO AND ORS. Vs. THE STATE OF JHARKHAND & ORS.
LAWS(JHAR)-2018-3-128
HIGH COURT OF JHARKHAND
Decided on March 22,2018

Bhushan Khalkho And Ors. Appellant
VERSUS
THE STATE OF JHARKHAND AND ORS. Respondents

JUDGEMENT

S.N.PATHAK, J. - (1.) The petitioners have approached this Court with a prayer for directing the respondents, particularly, respondent No. 3 to re-fix their pay admissible on 01.01.1996 in light of revised pay-scale introduced by the State Government vide resolution No. 2315 dated 20.08.2007 (Annexure-7) after adding/quantifying amount of interim relief and teaching allowance.
(2.) The facts of the case as has been delineated in the writ petition is that the petitioners, having the requisite qualifications, were appointed on different posts in different years in Lutheran High School, Gumla. Hence, the petitioner has preferred the instant writ application for redressal of her grievances. It is the case of the petitioners that the State Government vide resolution dated 22.12.1981 decided to maintain complete parity between the two sets of teachers i.e. Government Nationalized High School and Government Recognized Aided Minority High School in the matter of extending pay-scales and also payment of other allowances. Thereafter, vide resolution dated 18.12.1989, the State of Bihar (now Jharkhand) has decided that the Headmasters of Middle School and Teachers of High School and Headmaster of +2 School shall be entitled for payment of teaching allowance @ Rs. 100/- per month and Headmasters of High School and +2 School shall be entitled for payment of teaching allowance @ Rs. 150/- per month from 01.03.1989. Thereafter, vide different resolutions, interim relief in terms of monitory benefits were granted to the petitioners and others. It is the further case of the petitioner that the Secretary to the Government, Human Resources Development Deptt., Government of Jharkhand vide resolution dated 20.08.2007 accepted and adopted the Government's resolution No. 660 dated 08.02.1999 and also revised the pay-scale of teaching and non-teaching staffs of Government Recognized Minority Schools w.e.f. 01.01.1996. Thereafter, vide letter dated 26.09.2007 an instruction was issued by the Government regarding fixation of pay in revised pay-scale and it has also been directed that the District Level Pay Fixation will be done by the respective District Education Officers and District Account Officers. The State of Jharkhand, Department of Human Resources Development, vide resolution dated 01.12.2008 after adopting the earlier Government Resolution dated 20.02.1990 of erstwhile State of Bihar has also decided to add 50% DA in the basic pay for the purpose of making payment of DA, House Rent, Medical Allowance, etc. and the age of retirement of State of Minority Schools has also enhanced from 50 years to 60 years and they have also been given the benefit of scheme of ACP w.e.f. 09.08.1999. However, the respondents contrary to the Government's decision, fixed the petitioner's pay in revised pay-scale w.e.f. 01.01.1996 without adding the amount of teaching allowance and amount of interim relief and soon after the knowledge of the same, the petitioners have approached the respondent No. 3 for re-fixation of their pay after adding the amount of teaching allowance and inter relief in the light of Government's decision but the respondent No. 3 has not considered the matter and hence, the instant petition has been preferred by the petitioners for redressal of their grievances.
(3.) At the very outset, learned counsel for the petitioners submits that this writ application is squarely covered by the order dated 21.04.2017, passed by this Hon'ble Court in W.P. (S) No. 4284 of 2016 (Shrawan Kumar Pathak and others v. State of Jharkhand and others) . Learned counsel further submits that this case may be disposed of in terms of order passed in the aforesaid case.;


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