Allowed

Kamlesh Yadav v. State of U.P. and 3 Others

Allahabad HC22 Oct 2019WRIA/16683/2019

Case brief

AI extract

What is this about?

The court directed the District Basic Education Officer to ensure compliance with the Union Education Secretary's 2018 order regarding pay protection for teachers forced to accept lower ranks due to preferred district transfers, within six weeks.

What did the court decide?

Direction to respondent officers to ensure compliance of the Union Education Secretary's letter-cum-order dated 23.07.2018 regarding pay protection within six weeks.

Kamlesh Yadav Vs State of U.P. and 3 Others — Service and Employment | Allahabad HC (2019)

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Court No. - 5

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Case :- WRIT - A No. - 16683 of 2019

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Petitioner :- Kamlesh Yadav Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Neeraj Shukla Counsel for Respondent :- C.S.C.,Daya Ram

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Hon'ble Prakash Padia,J.

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Heard learned counsel for the petitioners, learned Standing Counsel for respondent no. 1 and Sri Daya Ram, learned counsel for the respondent nos. 2, 3 and 4.

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The petitioners have approached this Court with a prayer that though they have under compulsion adopted position lower in rank to what they were enjoying at the time of transfer from one district to another district and now just because they were getting a preferred district choice, they are now further forced to get lower pay admissible to the post to which they have joined.

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The argument advanced by learned counsel for the petitioners is that though the petitioners have been forced to join lower rank only on account of the fact that the teachers of their batch have not been promoted. Accordingly, the argument is that the respondents cannot force them to get lesser salary. They were being paid grade pay of Rs. 4600/- at the time of transfer, now they are being forced to accept pay grade of Rs. 4200/-.

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This Court in a large number of writ petitions has issued direction to the concerned authorities to look into the matter of protection of pay: pay scale and pay grade in respect of such teachers who have been forced to accept lower position on account of preferred district transfer.

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Learned counsel for the petitioners has drawn the attention of the Court to a letter-cum-order of the Secretary, U.P. Basic Education Board, Allahabad dated 23.07.2018, wherein the following directions have been issued in respect of pay protection of such teachers:-

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^^mDr ds lEcU/k esa lwP; gS fd ;kphx.kkas dks Pay Protection dk ykHk fn;k tkuk pkfg,A vr% ,y-ih-lh- ¼vfUre osru izek.k i=½ ds vk/kkj ij u;s tuin esa osru dk vkxeu dj Pay Protection ds fu;eksa dk ikyu fd;k tkuk pkfg,A

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pwafd inksUur izkIr f'k{kd viuh ethZ ls LFkkukUrfjr gkds j vk;s gSa ,slh fLFkfr esa LFkkukUrfjr tuin esa mudh T;s"Brk ftl in ij ;ksxnku fn;s gS@dk;ZHkkj xzg.k fd;s gSa mlh in ij lcls uhps gh j[kk tk;sA

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mDr ds lEcU/k eas vkidks funsZf'kr fd;k tkrk gS fd ;kphx.kksa dks vfUre osru izek.k i= Â¼,y-ih-lh-Â½ ds vk/kkj ij osru vkx.ku dj Pay Protection ds fu;eksa dk ikyu djrs gq, osru Hkqxrku djus dh dk;Zokgh dj ek0 mPpU;k;ky; ds vkns'k dk vuqikyu lqfuf'pr djsaA^^

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However, the petitioners contend that though they have been representing the authorities but no action has been taken. In the opinion of Court, the District Basic Education Officer concerned is hide bound in law to carry out the directions issued by the Secretary, U.P. Basic Education Board, Allahabad vide his letter-cum-order dated 23.07.2018.

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In view of the above, direction is issued to respondent no. 2, 3 & 4 to

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ensure compliance of directives issued by Secretary, U.P. Basic Education Board, Allahabad vide his letter-cum-order dated 23.07.2018, in accordance with law, if there is no other legal impediment. He shall take decision in the matter in any case positively within six weeks from the date of production of certified copy of the order.

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The writ petition stands disposed of.

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Order Date :- 22.10.2019 Swati

Kamlesh Yadav v. State of U.P. and 3 Others

Case brief

What is this about?

What did the court decide?

Kamlesh Yadav v. State of U.P. and 3 Others

Case brief

What is this about?

What did the court decide?

What the court decided

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Issues for consideration

Statutes considered

Parties & counsel

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