High Court directed State respondents to consider services rendered under SSA (CSS) for pay up-gradation of school teachers eligible under Notification dated 19.07.2013, refering to earlier judgments.
Direction to respondents to count past SSA services for pay up-gradation verification within three months.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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GAHC030004372024
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/66/2024
Sh. Vanlalliana and 45 Ors. S/o NK Thanga, R/o Chanmari A- 29/B, Saron Road, Aizawl
VERSUS
The State of Mizoram and 4 Ors. R/b the Chief Secretary to the Govt. of Mizoram, Aizawl, Mizoram 2:The Secretary to the Govt. of Mizoram School Education Dept.
3:The Secretary to Govt. of Mizoram Dept. of Personnel and Administrative Reforms
4:The Secretary to Govt. of Mizoram Finance Dept.
5:The Director School Education Dept. Govt. of Mizora
Advocate for the Petitioner : Ms Dinari T Azyu
Advocate for the Respondent : Addl. AG/GA, Mizoram
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ORDER
BEFORE HONOURABLE MR. JUSTICE NELSON SAILO
04.07.2024
Heard Mr. Victor L. Ralte, learned counsel for the petitioners and Mr. Samuel Vanlalhriata Changte, learned Addl. Advocate General appearing for the State respondents. Having regard to the projection made by the petitioners, the writ petition is taken up for disposal at the motion stage itself with the consent of the learned counsels for the rival parties.
[2.] The facts of the case as projected by the petitioners in brief is that the petitioner Nos. 1 to 45 were appointed as Primary School Teachers under the Sarva Shiksha Abhiyan (SSA) which is a Centrally Sponsored Scheme (CSS) between the years 2005 to 2016. As for the petitioner No. 46, she was appointed under the same Scheme but as a Middle School Teacher. The services of the petitioners were followed by a regular appointment as Government Primary School and Middle School Teachers between the years 2015 & 2019. Subsequently, their services have been confirmed between the years 2017 to 2022.
[3.] According to the petitioners, the State respondents in the School Education Department came up with a Notification dated 19.07.2013 (Annexure-13) by which
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the eligibility criteria for pay up-gradation of Government Primary School, Middle School and High School Teachers in the senior and selection grade was laid down with effect from 01.06.2012. As per Clause 1(b) of the Notification, for the purpose of counting of eight (8) years service in the entry grade, services rendered in Adhoc/Deficit service continued by regularization into Government Service without any break shall be counted as qualifying service. The Notification dated 19.07.2013 was followed by a Corrigendum dated 02.07.2014 (Annexure - 14) by which, besides the services rendered in Adhoc and Deficit, the service rendered under the CSS continued by regularization came to be incorporated. Therefore, it is the case of the petitioners that they are eligible to count the services rendered by them under the SSA (CSS) for their pay up-gradation. The service particulars of the petitioners have been indicated in the form of a chart in paragraph No. 7 of the writ petition.
[4.] The learned counsel for the petitioners Mr. Victor L. Ralte has also drawn the attention of this Court to the common Judgment & Order dated 06.05.2024 (Annexure-20) passed by this Court in WP(C) No. 64/2023 and WP(C) No. 52/2022, by which the services of the petitioners therein rendered under the CSS and on Adhoc basis followed by their regularization as Government Teachers was directed to be considered in terms of the Notification dated 19.07.2013 and the Corrigendum dated 02.07.2014. The learned counsel submits that the case of the
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instant petitioners are also similar and they are squarely covered by the said Judgment & Order.
[5.] Mr. Samuel Vanlalhriata Chhangte, learned Addl. Advocate General, Mizoram submits that prima facie it appears that the case of the petitioners may also be covered by the Judgment & Order under reference and the Notification and Corrigendum as reflected herein above but however, the State respondents may be given liberty to verify and examine the claim of each of the petitioners to find out as to whether they are eligible to be given the benefit of counting of their past services in terms of the Notification dated 19.07.2013 and Corrigendum dated 02.07.2014.
[6.] Upon hearing the learned counsels for the rival parties and upon perusal of the materials available on record, this Court does not find any impediment in disposing of the instant writ petition. The respondents are accordingly directed to consider the case of the petitioners for counting of their services rendered under the SSA (CSS) for their placement to the senior and selection grade in terms of the Notification dated 19.07.2023 and Corrigendum dated 02.07.2014. In doing so, the respondent authorities concerned will be at liberty to verify and scrutinize the service particulars of all the petitioners. The entire exercise should be carried out as expeditiously as possible and at any rate, within an outer limit of three (3) months from the date of receipt of a certified copy of this Order. The petitioners
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shall also furnish a copy of this writ petition with annexures to the respondent No.
2 along with a certified copy of this Order.
of.
JUDGE
Comparing Assistant
2 issues framed by the court
Whether services rendered under Centrally Sponsored Scheme (SSA) followed by regularization can be counted for pay up-gradation under the 19.07.2013 Notification
Whether respondents are directed to verify petitioners' eligibility for placement to senior and selection grade
Colour shows how this judgement treated each authority
None specifiedReferred¶22
WP(C) No. 64/2023 and WP(C) No. 52/2022
Sh. Vanlalliana and 45 Ors.
The State of Mizoram and 4 Ors.
NELSON SAILO
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
