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GAUHATI HIGH COURT
SHRI NYAJUM YINYO AND 5 ORS. – Appellant
Versus
THE STATE OF A.P. AND 5 ORS. – Respondent
| Table of Content |
|---|
| 1. claim for arrear salary based on cpc recommendations. (Para 2 , 4 , 5) |
| 2. arguments on waiver and estoppel regarding salary claims. (Para 8 , 10 , 12) |
| 3. right to salary as a constitutional right under articles 21 and 300-a. (Para 19 , 20 , 21) |
| 4. state's authority on policy decisions related to salary. (Para 39 , 41) |
| 5. petitioners' claim denied based on acceptance of revised pay scale. (Para 42 , 43) |
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
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.
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