Differential pay for upgraded teachers under distinct service rules does not violate equal protection rights as the applicable statutes govern entitlements.

JUDGMENT :

MRIDUL KUMAR KALITA, J.

1. Heard Mr. C. T. Jamir, learned senior counsel assisted by Mr. I. Imchen, learned counsel for the petitioners. Also heard Ms. Livika, learned Government Advocate for the respondents.

2. This writ petition under Article 226 of the Constitution of India has been filed by the petitioners, namely, Zachelo Wetsah and 51 Others, who are serving as Post Graduate Teachers (herein after referred to as “PGTs”) under the Department of School Education Nagaland, Kohima. The above named petitioners were upgraded to the posts of PGT from two different categories of posts, namely, the petitioners Nos. 1 to 12 were upgraded to the post of PGT from the post of Graduate Teachers, whereas, the petitioners Nos. 13 to 52 were upgraded to the post of PGT from the post of Primary Teachers. The petitioners are aggrieved that they are not given grade pay of Rs.4,600/- (Pay Matrix Level-12) on the basis of the principle of equal pay for equal work.

3. The learned senior counsel for the petitioners has submitted that till date only two batches of teachers were upgraded to the post of PGTs on the strength of Cabinet decision taken on that behalf. The first batch was upgraded in the year 2014, whereas, the second batch was upgraded in the year 2020.

4. The learned senior counsel for the petitioners has submitted that the upgradation of 262 posts of PGTs in the year 2014 received ex- post facto clearance of the P&AR Department of the Government by their U.O. No. 106 dated 19.05.2015. He further submits that the Finance Department also accorded its approval by RFC/Estt/No. 30/49 dated 01.06.2016 as well as RFC/Estt. No. 31/84 dated 20.12.2017. In both the concurrence given by the Finance Department, the grade pay of the upgraded posts of Graduate Teachers were mentioned as Rs.4,600/-.

5. The learned senior counsel for the petitioners submits that the case of the petitioners is squarely covered by concurrence dated 01.06.2016 and 20.12.2017. The learned senior counsel for the petitioners has submitted that in the year 2020 while the petitioners were functioning as Primary Teachers and Graduate Teachers, on the strength of three notifications dated 5th of March, 2020, they were upgraded to the posts of Graduate Teachers. The said notifications are (i) Notification No. DSE/Cab/HSE-Upgr/2012-13 (Vol-I)-I, (ii)Notification No. DSE/Cab/HSE-Upgr/2012-13 (Vol-I)-II and (iii) EDS/GHSS/4-3/2007 (Pt-1)-III.

6. The learned senior counsel for the petitioners has submitted that the aforementioned notification issued on 5th of March, 2020, their pay was fixed at Pay Matrix Level-11 (Rs.40,800-1,29,200) under the School Education Department. He submits that the said Pay Matrix Level in the Nagaland Services (Revision of Pay) Rules, 2017 (herein after referred to as ROP Rules, 2017) carries a grade pay of Rs.4,400/-.

7. The learned senior counsel for the petitioners has submitted that the Post Graduate Teachers who were upgraded in the year 2014 were granted grade pay of Rs.4,600/- which falls under Level-12 of Pay Matrix. Whereas, the present petitioners are getting a lower grade pay of Rs.4,400/-, which falls under Level-11 of the Pay Matrix though all of them were appointed on the basis of same Cabinet decision which was published by way of Office Memorandum dated 19th of June, 2014 (annexed as Annexure-A to the writ petition).

8. The learned senior counsel for the petitioners has submitted that the names of the petitioners were also shown in the incumbency list of Post Graduate Teachers of Governme