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GAUHATI HIGH COURT
SHRI NYAJUM YINYO AND 5 ORS. – Appellant
Versus
THE STATE OF A.P. AND 5 ORS. – Respondent
JUDGMENT & ORDER :
KARDAK ETE, J.
Heard Mr. A. K. Purkayastha, learned counsel for the petitioners. Also heard Mr. I. Chowdhury, learned Advocate General assisted by Mr. T. Tagum, learned Standing Counsel for the Education Department, representing the State respondents.
2. By filing these writ petitions, the petitioners have assailed the decision of the respondent authorities pertains to Arrear Salary for the period w.e.f. 01.04.1998 to 31.03.2013 and the decision in fixing the Pay Scale notionally from the stage of 5th CPC w.e.f 01.04.1998 without Arrear Salary as illegal and prayed for a direction to the respondent authorities for payment of Arrear Salary of Primary/Elementary Teachers serving under the Education Department, Govt. of Arunachal Pradesh w.e.f 01.04.1998 to 31.03.2013, as per the 5th Central Pay Commission.
3. In view of the facts and relief sought for in the two writ petitions being identical, both were heard analogously and are disposed of by this common judgment and order.
4. The WP(C) No. 151/2018 has been filed by the petitioners, 6(six) in numbers, who are serving as Primary/Elementary Teachers in the Education Department, Govt. of Arunachal Pradesh. WP(C) 466/2022
State Governments are not bound by Central Pay Commission recommendations; administrative discretion prevails in financial matters regarding salary claims.
The right to salary is constitutional, but the government can deny arrears based on financial constraints, especially when revised pay scales have been accepted.
Private school employees are entitled to salaries and benefits under the 6th and 7th CPC as mandated by the Delhi School Education Act, 1973, and coercion faced by employees to waive their rights is ....
Circulars related to pay scales and arrears apply prospectively, and past service benefits are not transferable post-departure from the department.
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.
Continuous service obligates salary payment despite appointment legality, and equal treatment demands non-discriminatory enforcement of employment rights.
Process of judicial interpretation lies in extending or applying by analogy ratio decidendi of an earlier case to a subsequent case which differs from it in certain essentials.
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