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IN THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH), KOHIMA
MRIDUL KUMAR KALITA
Zachelo Wetsah – Appellant
Versus
State Of Nagaland – Respondent
| Table of Content |
|---|
| 1. petitioners upgraded from graduate/primary teachers to pgts. (Para 2) |
| 2. petitioners argue for equal pay based on prior upgrades. (Para 3 , 4 , 5 , 6 , 7 , 8 , 9 , 10 , 11 , 12 , 13) |
| 3. government's justification for grade pay differentiation. (Para 14 , 15 , 16) |
| 4. court finds no violation of equality rights among different pgt upgrades. (Para 21 , 22 , 23 , 24 , 25 , 26 , 27 , 28 , 29 , 30 , 31) |
| 5. writ petition dismissed. (Para 32) |
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 wer
Differential pay for upgraded teachers under distinct service rules does not violate equal protection rights as the applicable statutes govern entitlements.
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....
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.
Entitlement to TGT scale of pay from the date of acquiring the qualification and the obligation to pay the differential amount within a specified period.
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 main legal principle established in the judgment is the application and interpretation of Government Order No.25 P & AR Department dated 23.03.2015 to rectify pay anomalies between seniors and ju....
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