JHARKHAND HIGH COURT ISSUES ORDER ON URMILA DEVI AND ORS. V/S THE STATE OF JHARKHAND AND ORS.

RANCHI, India, Dec. 26 -- Jharkhand High Court issued the following order on Nov. 26:

1. Heard the parties.

2. The petitioners are claiming upgradation of the pay scale from Grade-2 to Grade-3.

3. Learned senior counsel for the petitioners submits that the petitioners have complied all the conditions but their cases have not been considered only on the ground that they have superannuated from services. He further submits that a decision was taken by the Government that the benefit of pay scale should be given to those teachers, who are in service after preparing the seniority list and the teachers, who have already superannuated, were excluded from the seniority list, thus these petitioners have been deprived of the said benefit.

4. Counsel for the respondents submits that the petitioners have not been granted the benefit of Grade-3 pay scale in terms of Resolution dated 26.8.2021 specifically Clause-V. As per the said clause, the petitioners, who have superannuated, are not entitled for the said relief.

5. After going through the petition and the arguments advanced by the parties, I find that it is the admitted case of the petitioners that they are teachers and are getting salary in Grade-2 and they are praying for promotion/upgradation to Grade-3 scale, as per the Bihar Taken over Elementary School Teachers Promotion Rules, 1993 (hereinafter to be referred as "the Rules 1993). This Rule has come into force with effect from 1 st January 1986. As per Rule 2(5) "Grade-3" means Matric Trained Selection Scale (Rs.1640-2900). The petitioners are claiming the said pay scale. Rule 5 of the Rules 1993 provides minimum educational and training qualifications and minimum tenure service for grant of promotion to Grade -3 Pay Scale. For promotion to Grade-3, the teacher has to be a trained graduate and must have minimum 12 years of service in Grade-2 OR must be matric trained having minimum 18 years of service in Grade-2.

6. Admittedly, some of the petitioners are Matric trained teachers and they have completed more than 18 years of service in Grade-2. Some of the petitioners are also graduate trained and have minimum service of more than 12 years in Grade-2. Thus all the petitioners are qualified for the said pay scale.

7. The petitioners have been denied the said benefits on the ground that since the petitioners have already superannuated, they cannot be entitled for the said grade pay i.e. Grade-3 pay scale. Though, in Rule 5 of the Rules 1993 the word 'Promotion' has been used but if this Rule 5 is read with definition Clause of the "Grades" mentioned in Clause-2, I am of the opinion that this is not a promotion to a particular post rather it is merely upgradation of the scale, which the teachers are entitled for after completion of minimum qualifying service. Rule 2 of the Rules 1993 not only defines Grade-1 but also defines other Grades.

8. From perusal of the aforesaid definition of Grade, I find that it is only the scale which has been defined and not any post. It is evident from Rule-2 (2) which defines the word "Grade". As per the said Rules, the Grade means scale. Thus what has to be granted to the petitioners, though termed as promotion, is nothing but upgradation of pay scale. Since this upgradation is only for scale, Clause-V of the Resolution dated 26.8.2021 (Annexure-5 to the writ petition) is not applicable as there is no question of the petitioners to join a particular post upon such upgradation. Clause 5 only stipulates that the final benefit of particular post will not be granted, unless the persons so promoted joined the said post. As this upgradation is not related with joining to any post, I am of the opinion that this clause is not applicable in the case of these petitioners and has been misinterpreted by the respondents. Taking the benefit of Clause-V by the State,, to deprive the petitioners from the pay scale, is not justified.

9. In view of the aforesaid facts, I hold that even if the petitioners have superannuated, since the upgradation is only of the pay scale, they are entitled to receive the said benefits. Accordingly, this writ petition is allowed.

10. Consequently, the respondents are directed to grant the benefit of Grade-3 pay scale to the petitioners, since they are already eligible for grant of the said benefit and they will be paid their consequential benefits within twelve weeks from the date of receipt of a copy of this order.

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