The central legal point established in the judgment is the violation of Article 14 of the Constitution of India due to the State Government's failure to extend the benefit of higher pay scale to similarly placed employees.

N.W. Sambre, J.

1. Rule. Rule made returnable forthwith. Heard finally with consent of learned Counsel appearing on behalf of respective parties.

2. In the present petition the petitioners Class IV / Group ‘D’ employees of aided Ashram School, have prayed for directions to the respondent to grant them higher pay scale after completion of 12 years of service from the date of their initial appointment and to grant all consequential benefits that might have accrued to them. The petitioners have prayed for consideration of above referred claim in the light of Government Resolutions dated 18th September, 2000, 8th June, 1995 and 27th March, 2000.

3. It is the claim of the petitioners that they were appointed sometime in between 1988 to 1997, on the Class-IV posts in various Primary Ashram Schools. It is further submitted by the petitioners that their appointments are approved by the competent authority i.e. respondent No. 3 - Project Officer under the Tribal Development Department. The petitioners further claim that, the schools where they are working are receiving 100% grant-in-aid.

4. It is the claim of the petitioners in the petition that the Tribal Development Department has not provided for any accelerated promotion or placement in the higher scale upon completing qualifying service of 12 years to the petitioners. According to the petitioners, the State Government in the Department of General Administration, School Education and the Social Welfare Department have initiated the schemes so as to avoid the stagnation on the same post in the service of, giving accelerated promotion/placement in the higher pay scale upon completion of qualifying service of 12 years. The said benefit of time bound promotion is provided to all the employees except the petitioners who are Group ‘D’ employees of the Private Ashram Schools receiving 100% grant.

5. The petitioners have placed reliance on the Government decision dated 2nd September, 1989 issued by the Department of Education, wherein the Government had an occasion to consider the issue about placing the employees of Department of School Education i.e. Primary Schools, Secondary Schools, Higher Secondary Schools B.Ed. Colleges and M.C.V.C. Courses run by the Secondary Colleges, in specific pay scales. By the said resolution, the Department of Education has reiterated about the earlier scheme dated 12th August, 1987 whereby the higher pay scale and selection grade are made applicable to the teaching and non-teaching employees of the Department of School Education based on the recommendations of the Central Government. (Prof. Chatopadhyaya Committee Recommendations).

6. The Counsel for petitioners further brought to the notice of this Court that the Central Government based upon the recommendations made by the National Commission for teachers headed by Professor - D. P. Chattopadhyaya, has issued certain recommendations by communication dated 12th August, 1987. The said recommendations were implemented by the Central Government by conferring selection grade and senior scale to teachers. So as to benefit the employees of the State Government in view of the above referred recommendations of Chattopadhyaya Committee, the State Government has also taken decision to apply corrected pay scales to the teaching and nonteaching employees of aided - Primary Schools, Secondary Schools, Higher Secondary Schools, Technical schools and D.Ed. Colleges.

7. The petitioners have further placed reliance on the Government decision dated 27th March, 2000 so as to demonstrate that the benefits of the recommendation of 5th Pay Commission are extended to the teaching and nonteaching employees of Primary, Secondary Ashram Schools.

8. The petitioners have further brought to the notice of this Court that the Department of Education has issued Government Resolution dated 13th May, 1999 and 6th September, 1999 whereby the Department of Education has extended corrected pay scales to the teaching and non-teachi