Disposed

Rajesh Kumar and Another v. State of U.P. and 3 Others

Allahabad HC16 Jul 2021WRIA/4937/2021

Case brief

AI extract

What is this about?

Petitioners sought pay protection after forced rank lowering due to delayed promotion upon district transfer. The Court directed relevant authorities to comply with earlier Board directives granting pay protection and to conclude the matter within six weeks.

What did the court decide?

Direction issued to respondent no. 2, 3 & 4 to ensure compliance with pay protection directives within six weeks.

Rajesh Kumar and Another Vs State of U.P… — Pension and Retirement Benefits | Allahabad HC (2021)

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Court No. - 6

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Case :- WRIT - A No. - 4937 of 2021

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Petitioner :- Rajesh Kumar And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Neeraj Shukla Counsel for Respondent :- C.S.C.,Shravan Kumar Panday

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Hon'ble Pankaj Bhatia,J.

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Heard learned counsel for the petitioner, learned Standing Counsel for respondent no. 1 and Sri Shravan Kumar Pandey, 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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" कयलयभ उकककसमबनधममससचयहहककययचचगणणकक Pay Protection कदययजयनयचयकहए।अततएल . पच . सच . ( अननतमवकतनपमयणपत ) ककआधयर परनयकजनपदममवकतनकयआगमनकर Pay Protection कककनयमणकय पयलनककययजयनयचयकहए।चसचककपदकनतपयपकशककअपनचमजरसक सथयनयनतररतहककरआयकहहऐसचनसथकतममसथयनयनतररतजनपदममउनकक जयकषतयजजसपदपरयकगदयनकदयकहह / कययरभयरगहणककयकहहउसचपदपर

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सबसकनचचकहचरखयजययक।

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उकककसमबनधममआपकककनदरकशतककययजयतयहहककययचचगणणककअनऩतम वकतनपमयणपत ( एल . पच . सच ) कक आधयरपरवकतनआगणनकर Pay Protection कक कनयमणकयपयलनकरतकहहएवकतनभभगतयनकरनककक कययरवयहचकरमय०उचचनययययलयककआदकशकयअनभपयलनसभकननशचत करम। "

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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 ensure compliance of directives issued by Secretary, U.P. Basic Education Board, Allahabad vide his letter-cumorder 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 :- 16.7.2021 S. Rahman

Rajesh Kumar and Another v. State of U.P. and 3 Others

Case brief

What is this about?

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Rajesh Kumar and Another v. State of U.P. and 3 Others

Case brief

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