Disposed

Pawan Kumar and 6 Others v. State of U.P. and 3 Others

Allahabad HC25 Nov 2019WRIA/18489/2019

Case brief

AI extract

What is this about?

The Court issued directions to the District Basic Education Officer to implement the Secretary's 23.07.2018 order granting pay protection to teachers forced into lower posts due to district transfers. The authority must decide positively within six weeks.

What did the court decide?

Direction to ensure compliance with the Secretary's dated 23.07.2018 order regarding pay protection within six weeks.

Pawan Kumar and 6 Others Vs State of U.P… — Pension and Retirement Benefits | Allahabad HC (2019)

¶1

Court No. - 49

¶2

Case :- WRIT - A No. - 18489 of 2019

¶3

Petitioner :- Pawan Kumar And 6 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Abhijeet Kumar Pandey Counsel for Respondent :- C.S.C.,Shivam Yadav

¶4

Hon'ble Prakash Padia,J.

¶5

Heard learned counsel for the parties.

¶6

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.

¶7

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 salary of Rs. 17660/- at the time of transfer, now they are being forced to accept salary of Rs. 16000/-.

¶8

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.

¶9

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

¶10

issued in respect of pay protection of such teachers:-

¶11

^^mDr ds lEcU/k esa lwP; gS fd ;kphx.kkas dks Pay Protection dk ykHk fn;k tkuk pkfg,A vr% ,y-ih-lh¼vfUre 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

¶12

pwafd inksUur izkIr f'k{kd viuh ethZ ls LFkkukUrfjr gksdj 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

¶13

mDr ds lEcU/k eas vkidks funsZf'kr fd;k tkrk gS fd ;kphx.kksa dks vfUre osru izek.k i= ¼,y-ih-lh-½ 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 mPp U;k;ky; ds vkns'k dk vuqikyu lqfuf'pr djsaA^^

¶14

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.

¶15

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

¶16

The writ petition stands disposed of.

¶17

Order Date :- 2 5.11.2019

¶18

Swati

Pawan Kumar and 6 Others v. State of U.P. and 3 Others

Case brief

What is this about?

What did the court decide?

Pawan Kumar and 6 Others v. State of U.P. and 3 Others

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Sajan Dubey Vs State of U.P. and 5 Others

Chhote Lal and 6 Others Vs State of U.P. and 3 Others

Satya Narayan Yadav Vs State of U.P. and 3 Others

Janak Dulari Vs State of U P and 2 Others

Kanika Kashyap Vs State of U.P. and 3 Others

Om Prakash Yadav Vs State of U.P. and 4 Others