INDRAJIT MAHANTY, S. G. CHATTOPADHYAY
State of Tripura – Appellant
Versus
Narayan Chandra Dey – Respondent
JUDGMENT
S.G. Chattopadhyay, J. - Heard Mr. Partha Saha, learned counsel appearing for the State appellants as well as Mr. S.M. Chakraborty, learned senior advocate assisted by Ms. P. Chakraborty and Ms. Ankita Pal, advocates for the private respondent.
2. State appellants have challenged the order dated 06.03.2020 passed by the learned Single Judge in WP(C) 1149 of 2016 by which the private respondent, a graduate teacher of Budhai Saha Primary School under Grant-In-Aid, was granted pay scale of graduate teachers w.e.f. 01.01.1993 and the State appellants (respondents before the learned Single Judge) were directed to pay him back wages within a period of four months from the date of receipt of the copy of the judgment.
3. Brief facts are as under:
By issuing appointment letter No.F 1-B.S.P.S/90 dated 28.06.1990, the Secretary, Budhai Saha Primary School of Bridhyanagar, Agartala engaged the private respondent (petitioner before the learned Single Judge) as an Assistant Headmaster in Budhai Saha Primary School. The said school was a private school at the time when the private respondent was engaged as an Assistant Headmaster in the school. By virtue of Memorandum No.F.10(10-39)-DSE/90 d
Equal pay for equal work is mandated, and entitlements under identical circumstances must be uniformly applied, per Article 14, with financial benefits limited to three years prior to petition filing....
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.
Appeals regarding pay scales without accompanying demotion or supersession do not fall within the jurisdiction conferred by Section 9 of the Maharashtra Employees of Private Schools Act.
The main legal point established in the judgment is the protection of vested rights and legitimate expectations of employees in relation to their approved pay scale, and the wrongful and arbitrary na....
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.
Stale and belated claims cannot be entertained, and benefits as directed by a Full Bench order shall be extended only to parties before the Court, with no fresh writ petitions entertained after a spe....
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 main legal point established in the judgment is that the prescribed scale of pay in the recruitment notification for direct recruitment to government schools prevails over claims for pay protecti....
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