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IN THE HIGH COURT OF GAUHATI, ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH
HON’BLE THE CHIEF JUSTICE MR. VIJAY BISHNOI, HON’BLE MR. JUSTICE KARDAK ETE, J.
In-service TET Qualified Elementary Teachers’ Association, Karimganj, Represented by its President, Imdadur Rahman & Ors. - Petitioners
Versus
The State of Assam, Represented by the Commissioner & Secretary to the Government of Assam, Education (Elementary) Department & Ors. - Respondents
WP(C) Nos. 6189 of 2018, 2763 of 2019
Decided On : 23-07-2024
PAY REVISION - TEACHER SALARY STRUCTURE - Article 309 of the Constitution of India; Assam Services (Revision of Pay) Rules, 2017 - The court examined the legality of the Assam government's notifications revising pay scales for teachers, particularly focusing on the recommendations of the Anomaly Committee. The court upheld the government's decision to reduce the Grade Pay for Graduate Teachers in Lower Primary Schools, interpreting the provisions of Article 309 and the ROP Rules, 2017 as allowing for such differentiation based on qualifications and job responsibilities. The court emphasized the need for judicial restraint in matters of pay fixation, deferring to the expertise of the Anomaly Committee and the government’s discretion in setting pay scales.
Fact of the Case:
The petitioners, Graduate Teachers in Assam's Lower Primary Schools, challenged the government's notifications that reduced their Grade Pay from Rs. 8700 to Rs. 7400, arguing that this action was arbitrary and discriminatory, especially since they performed similar duties to those in Upper Primary Schools.
Finding of the Court:
The court found that the government's actions were justified based on the recommendations of the Anomaly Committee, which had considered the qualifications and duties of teachers in different categories. The court ruled that the differentiation in pay was lawful and not arbitrary.
Issues: Whether the reduction of Grade Pay for Graduate Teachers in Lower Primary Schools was legal and justified, and whether it violated the principle of equal pay for equal work under Article 14 of the Constitution.
Ratio Decidendi: The court held that the recommendations of expert bodies like the Anomaly Committee should not be interfered with unless shown to be arbitrary. It emphasized that pay fixation is a complex matter best left to the government and expert committees, and that previous equal pay does not guarantee future parity after a pay revision.
Final Decision: The court dismissed the writ petitions, upholding the government's notifications and the recommendations of the Anomaly Committee regarding the pay scales of the petitioners.
JUDGMENT :
Vijay Bishnoi, C.J.
Heard Mr. A.M.S. Mazumder, learned counsel for the petitioners in WP(C) No.6189/2018 and Mr. H. Das, learned counsel for the petitioners in WP(C) No.2763/2019. Also heard Mr. R. Mazumdar, learned Standing Counsel, Education (Elementary) Department and Mr. B. Gogoi, learned Standing Counsel, Finance Department, appearing for the respective respondents.
2. In both these writ petitions, the petitioners have challenged the validity of the Notification dated 02.07.2018 issued by the Secretary to the Government of Assam, Finance (PRU) Department, whereby the Government of Assam has accepted certain recommendations of the Anomaly Committee and took a decision to revise the Allowances/Pay Scales of certain category of employees of different Departments. The petitioners have also challenged the Notification dated 04.08.2018 issued by the Secretary to the Government of Assam, Finance (PRU) Department, in exercise of powers conferred by the proviso to Article 309 of the Constitution of India, whereby certain amendments had been made in the Schedule to the Assam Services (Revision of Pay) Rules, 2017 under the Head of “Education Department” below the Sub-Head “Assam Lower School Service (Teaching & Inspection) ME/MV/ Senior Basic Schools” and “LP/Junior Basic/Pre-Primary Schools” by inserting new entry in some columns.
3. The brief facts of the case are that the petitioners are possessing Graduate qualification and are serving as Assistant Teachers in provincialized Elementary Schools in the State of Assam, mostly in Lower Primary Schools, however, some of the petitioners are serving in the Upper Primary Schools also. The State of Assam, as per the recommendations of the 7th Assam Pay & Productivity Pay Commission (hereinafter to be referred as “7th APPPC”), brought into force the Assam Services (Revision of Pay) Rules, 2017 (hereinafter to be referred as “ROP Rules, 2017”) vide Notification dated 17.03.2017 while exercising powers conferred by proviso to Article 309 of the Constitution of India, which has come into effect from 01.04.2016. As per the ROP Rules, 2017, which has been given effect from 01.04.2016, Pay Structure of Teachers serving in ME/MV/Senior Basic Schools has been revised in the following manner :
| “Name of Post or Service | Existing Pay Scale | Revised Pay Structure | Remarks | ||
| Pay Band (Rs.) | Grade Pay (Rs.) | Pay Band (Rs.) | Grade Pay (Rs.) | ||
| 1 | 2 | 3 | 4 | 5 | 6 |
| Head Master, ME/ MV/Senior Basic Schools | PB-2 5200-20200 | 3300 | PB-2 14000-49000 | 8700 |
|
| Graduate Teacher | PB-2 5200-20200 | 2700 | PB-2 14000-49000 | 8700 |
|
| Junior (Under Graduate) Teacher of ME/ MV/Senior Basic Schools/ Assistant Sub-Inspector of Schools | PB-2 5200-20200 | 2500 | PB-2 14000-49000 | 6200 |
|
| Head Master | PB-2 5200-20200 | 2700 | PB-2 14000-49000 | 8700 |
|
| Graduate Teacher | PB-2 5200-20200 | 2700 | PB-2 14000-49000 | 8700 |
|
| Under Graduate Teacher | PB-2 5200-20200 | 2500 | PB-2 14000-49000 | 6200 |
|
| Craft Teacher | PB-2 5200-20200 (Matriculate) | 2400 | PB-2 14000-49000 (Matriculate) | 6200 |
|
4. It appears that several Employees’ Organizations/individual employees had raised grievances before the State Government in respect of certain recommendations of the 7th APPPC in relation to Grade Pays, Pay Bands, re-designation of posts, advance increments, fixed pays, House Rents, Medical Allowances and Allowances of various types.
5. To redress those grievances, the Government of Assam constituted an Anomaly Committee vide Notification dated 18.05.2017. The Anomaly Committee has submitted its recommendations to the Government of Assam on 31.12.2017 and the Government of Assam has accepted certain recommenda
The court established that the principle of equal pay for equal work does not apply rigidly when different qualifications and job responsibilities exist, and that the government has the discretion to....
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.
Judicial restraint is essential in financial matters, and claims for pay parity must be substantiated by evidence of discrimination, which the petitioners failed to provide.
The determination of pay scales is the exclusive domain of the state, and courts should only intervene in cases of constitutional violations.
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