JHARKHAND PROJECT UCHCHA VIDYALAYA SHIKSHAK SANGH Vs. STATE OF JHARKHAND
LAWS(JHAR)-2009-7-163
HIGH COURT OF JHARKHAND
Decided on July 29,2009

Jharkhand Project Uchcha Vidyalaya Shikshak Sangh Appellant
VERSUS
STATE OF JHARKHAND Respondents

JUDGEMENT

- (1.) HEARD Shri S.K. Pandey, learned counsel for the petitioner and Shri L.K. Lall, learned counsel for the respondent State.
(2.) PETITIONER No. 1 is an Association of Teachers of Jharkhand Project High School and the petitioner no. 2 is the General Secretary of the Association. Prayer of the petitioner in this writ application is for issuance of an order quashing of Clause -3 of the Government Letter No. 167 dated 29.12.2004, issued by the Director, Secondary Education (Respondent No. 3) by which, the salary of the teachers of the Project High Schools selected in the financial year 1981 -82, has been ordered to be re -fixed with effect from 1.4.1986, thereby arbitrarily shifting from 1.1.1982 and in purported violation of the Government letter no. 30 dated 22.01.1982 and several other letters and also in violation of the specific order of this court dated 24.8.1988 passed in CWJC No. 3979 of 1983 and also the Full Bench decision of this court passed in the case of Project Vidhyalaya Shikshak Sangh, Bihar, Patna (2000 (1) PLJR 287.
(3.) MEMBERS of the petitioner Association were appointed as teachers of the Project Schools in between 1982 -1985. Remuneration fixed for them was in accordance with the notifications issued by the State Government from time to time including the Government letter no. 30 dated 22.01.1982 and several other notifications. By the impugned order dated 29.12.2004, salary of the members of the petitioner Association has been sought to be re -fixed with effect from 1.4.1986, on the basis of the notification (Annexure -H to the counter -affidavit), thereby shifting the date from 1.1.1982 to 1.4.1986.;


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