Court Orders Promotion Pay Scale for Teachers After 12 Years of Service

Background

In a significant ruling, the Hon'ble Pankaj Purohit , J. of the High Court has granted a writ petition filed by a group of teachers seeking the Promotion Pay Scale (Grade Pay of Rs.5400/-) from the due date, along with arrears. The teachers were initially appointed as Assistant Teachers in Government Primary Schools and were later promoted to the higher post of 'Assistant Teacher' in Junior High Schools/Head Master, Government Primary Schools.

Arguments

The teachers argued that they were entitled to the Promotional Pay Scale after completing 12 years of regular service in the Selection Pay-Scale. However, the respondent department denied their request, stating that the period should be counted only from the date of their adjustment as L.T. Grade Teachers, and the time spent as Assistant Teachers in Government Junior High Schools should not be considered.

The teachers contended that this was in violation of previous judgments by the High Court, which had held that the service rendered by such teachers in Government Primary and Government Junior High Schools should be counted for the purpose of selection as well as promotional grade.

Court's Analysis and Reasoning

The High Court found no reason to deviate from the previous judgments on this issue. The court noted that it had already decided several orders regarding this controversy, consistently holding that the services rendered prior to the adjustment of the teachers as Assistant Teachers, L.T. Grade should be counted for the purpose of granting the promotional grade.

Decision

The High Court allowed the writ petition and issued a mandamus to the respondent authorities to grant the Promotional Pay Scale to the petitioners from the date of their entitlement, when they had completed 12 years of service in the selection grade, including the service rendered in the Government Primary School and Junior Basic Schools. The authorities were directed to implement this order within three months.

This judgment is a significant victory for the teachers, who can now look forward to the rightful recognition of their long-standing service and the corresponding promotional pay scale.

#TeacherRights #PromotionPay #EducationJustice

Case Title: MAHESH CHANDRA UPADHYAY vs STATE OF UTTARAKHAND