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2017 Supreme(Pat) 884

RAJENDRA MENON, ANIL KUMAR UPADHYAY
Bihar Secondary Teachers Struggle Committee – Appellant
Versus
State Of Bihar through its Chief Secretary – Respondent


Advocates Appeared:
For the Petitioners: Mr. P.K. Shahi, Mr. Rajendra Prasad Singh, Mr. Vishwanath Prasad Singh, Mr. Vishnudeo Narayan, Mr. Dinu Kumar, Mr. S.S. Sundaram, Mr. Sanjeev Kumar, Mr. Rajesh Pd. Singh, Mr. Ravi Kumar Singh, Mr. Rama Kant Singh, Mr. Arvind Kr. Singh, Mrs. Pratibha Kumari, Mr. Manoj Kumar Manoj, Ms. Ritika Rani, Mr. Ritu Raj, Mr. Mritunjay Kumar, Mr. Madhurendra Kumar, Mr. Rajeev Kumar Singh, Mr. Arvind Kr. Sharma, Miss Kumari Neha, Mr. B.K. Sharma, Mr. Vijay Kumar Vimal, Mr. Manoj Kumar
For the Respondents: Mr. Lalit Kishore, Mr. Bishwa Bibhuti Kumar Singh, Mr. Ashutosh Ranjan Pandey, Mr. Madhaw Pd. Yadav, Mr. Rajesh Kumar Sinha, Smt. Shilpa Singh

JUDGMENT :

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. 74
























































































































































































































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