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ANIL KUMAR SINHA
Intekhab Alam – Appellant
Versus
State of Bihar – Respondent
Anil Kumar Sinha, J.—The present application has been filed for issuance of a writ in the nature of mandamus commanding the respondents to fix the salary of the petitioner in furtherance of resolution no. 1830 dated 11.08.2015 after granting him pay protection as per the notification no. 429 dated 22.06.2012 under clause 8.
2. The facts of the case in short is that the petitioner was initially appointed as Panchayat Teacher on 05.02.2007 at Primary School, Madhubani Tole, Panchayat:- Bakhri, Block- Bathnaha, District- Sitamarhi. The Education Department issued a notification no. 429 dated 22.06.2012 in exercise of power under Rule 17 of the Bihar Panchayat Primary Teachers (Appointment and Service Condition) Rules, 2012 and Bihar Nagar Nikay Primary Teacher (Appointment and Service Condition) Rules, 2012 for appointment of Teachers in primary schools in the year 2012-2013. Clause 8 of the said notification prescribes that previously employed teachers, who have passed the TET examination can also apply for fresh appointment after getting their application duly forwarded from the first appointing authority. It also provides that in such case, second appointment shall be treated as fir
The main legal point established in the judgment is that the entitlement to additional increment upon promotion is determined by the relevant rules and resolutions, and misinterpretation of these rul....
The main legal point established in the judgment is that the prescribed scale of pay in the recruitment notification for direct recruitment to government schools prevails over claims for pay protecti....
The court established that primary teachers in municipal schools are entitled to the same higher pay-scale as those in district schools, emphasizing equality in pay for equal work.
The central legal point established in the judgment is the entitlement to proper pay fixation based on past service in aided schools, as protected under FR 22(B) and G.O.Ms.No.367, and the violation ....
Equal pay must be granted to Primary Teachers regardless of the existence of promotional posts, ensuring adherence to principles of equality under Articles 14 and 16.
Equal pay for equal work is mandated, and entitlements under identical circumstances must be uniformly applied, per Article 14, with financial benefits limited to three years prior to petition filing....
The initial date of appointment of the petitioners was found to be relevant in determining their entitlement to pay scales based on their improved educational qualifications. The Zilla Parishad was n....
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