ANIL KUMAR UPADHYAY, J.

This batch of writ applications have been filed by the petitioners challenging the validity of Rules 6 and 8 of the Bihar Zila Parishad Secondary and Higher Education Teachers (Employment and Service Condition) Rules, 2006 Bihar Panchayat Primary Teacher (Employment and Service Condition) Rules, 2006, Bihar Nagar Primary Teacher (Employment and Service Condition) Rules (hereinafter referred to as ‘the Rules, 2006’)

2. In this batch of writ applications the common issue raised by the petitioners is that the aforesaid Rule is violative of Article 14 of the Constitution of India. It is also violative of Constitutional principles of “equal wages for equal work” which has now assumed status of fundamental right as integral part. It is recognized as concomitant right under Article 14 of the Constitution of India.

3. CWJC No. 21199 of 2013 has been filed by the Bihar Secondary Teachers Struggle Committee and 14 other teachers, CWJC No. 17176 of 2009 has been filed on 8.12.2009 by Bihar Madhyamik Shikshak Sangh through its General Secretary, CWJC No. 7497 of 2017 has been filed by Md. Wazim Raza & ors., CWJC No. 20667 of 2014 has been filed by one Subodh Kumar, Niyojit Secondary Teacher in Nationalised High School, CWJC No. 703 of 2017 has been filed by TET/STET/UTTRIN Niyojit Shikshak Sangh & others Panchayat Teachers appointed as Niyojit Shikshak in the secondary and higher secondary schools, CWJC No. 12611 of 2012 has been filed by Keshav Kumar, Panchayat Primary Teacher, CWJC No. 19301 of 2016 has been filed by Banshidhar Brajwasi and 12 other teachers working in Middle School. CWJC No. 1370 of 2017 has been filed by Bihar Panchayat Nagar Prarambhik Shikshak Sangh and other teachers, CWJC No. 19840 of 2014 has been filed by Priyabrat Kumar and 4 others, CWJC No. 13307 of 2016 has been filed by Sushil Kumar Singh & 45 other teachers appointed in +2 high schools and CWJC No. 4151 of 2017 has been filed by Rakesh Kumar and another teacher.

4. Since in all these writ applications common question of fact and law are involved and as such they have been heard together and are being disposed of by this common order/judgment.

5. Foundational facts in all the writ applications are similar, I have taken into consideration the facts of CWJC No. 21199 of 2013 as leading case for the purpose of noting the foundational facts and pleadings of the parties. So far as the writ petition filed on behalf of the Niyojit Shikshak of Primary schools are concerned, the question of law involved in this case is also common as in their case also the same Rules 6 and 8 of 2006 Rules have been challenged on the ground of violation of Article 14 of the Constitution of India and they have also prayed for quashing of Rules 6 and 8 and for follow up direction to the respondents to pay ‘equal pay for equal work’ and in order to avoid repetition of foundational facts, I have not discussed the fact pleaded in the petition challenging the validity of the Rules on behalf of the Primary School Teachers.

6. Writ petitioners have challenged the legality and constitutional validity of Rules 6 and 8 of the Rules notified vide notification dated 11.7.2006. Rules 6 and 8 of the Rules 2006 reads as follows:-

“Rules – 6

fu;kstu dh izfØ;k %&

(i) uxj fudk; {ks= esa vofLFkr jktdh;] jktdh;d`r ek/;fed fo/kky;ksa ds f'k{kdksa ds fy, fo"k;okj fjDr inksa dh lwpuk dk izdk'ku ftyk esa de ls de 15 fnuksa rd fd;k tk;sxkA

(ii) izR;sd ftyk eq[;ky; esa ljdkj }kjk fpfUgr ,d fo/kky; dks vkn'kZ fo/kky; ds :Ik esa fodflr fd;k tkuk gSA ljdkj }kjk fpfUgr ,sls vkn'kZ fo/kky; bl fu;ekoyh ds v/khu vkPNkfnr ugha le>sa tk;saxas ,oa ,sls vkn'kZ fo/kky;ksa esa f'k{kdksa dh fu;qfDr;k¡] lsok'krZ bR;kfn vyx ls fu/kkZfjr fd;sa tk;saxsaA

(iii) fofgr izi= ¼vuqlwph&1½ esa uxj ek/;fed ,oa uxj mPPkrj ek/;fed f'k{kd ds fu;kstu gsrq vkosnu ftyk f'k{kk inkf/kdkjh ds dk;kZy; esa izkI