Delhi High Court
Leela Gaur vs President General Council Iph And ... on 8 March, 2017
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) No.7373/2002
% 8th March, 2017
LEELA GAUR ..... Petitioner
Through: Mr. Mahesh Kasana and Ms. Aparna
Rohtagi Jain, Advs.
versus
PRESIDENT GENERAL COUNCIL IPH AND ORS. ..... Respondents
Through: Mr. Rajiv Bansal and Ms. Arpita,
Advs. for R-1 to 4.
Mr. Naveen Jakkhar, Adv. for Mr.
Satyakam, ASC, GNCTD for R-5.
CORAM:
HON'BLE MR. JUSTICE VALMIKI J.MEHTA
To be referred to the Reporter or not?
VALMIKI J. MEHTA, J (ORAL)
1. In this writ petition under Article 226 of the Constitution of
India, though several prayers were made, all the prayers have become
infructuous on account of the petitioner having already retired during the
pendency of this writ petition, and the only relief now prayed on behalf of
the petitioner, is the prayer no. (iii) for grant of benefits of senior scale to
the petitioner w.e.f. 1.1.1996 of Rs.5,500-9000.
2. It is undisputed that petitioner is entitled to the senior scale.
The issue however is what is the first pay-band of the senior scale. The first
W.P.(C) No. 7373/2002 Page 1 of 5
pay-band of the senior scale as per the petitioner is Rs.5500-9000, and for
which purpose petitioner places reliance upon the circular of the
Government of India, Ministry of Human Resources Development,
Department of Secondary and Higher Education dated 4.4.2002.
3. No doubt, the circular dated 4.4.2002 mentions the senior scale
having been upgraded from Rs.5000-8000 to Rs.5500-9000, however, it is
seen that the Government of India itself had subsequently issued a circular
dated 18.12.2002 which has fixed the initial pay-band of a primary teacher
senior scale at Rs. 5000-8000 i.e not Rs.5500-9000 as stated in the earlier
circular of the Government of India dated 4.4.2002. Since the circular of the
Government of India dated 18.12.2002 is a subsequent circular clarifying
the position, the same will supersede the earlier circular dated 4.4.2002.
Therefore, the earlier circular dated 4.4.2002 fixed the initial pay-band of a
primary school teacher senior scale at Rs.5500-9000 but that has been
specifically set to Rs.5000-8000 in terms of the circular dated 18.12.2002
and which will therefore apply. For the sake of convenience the circulars of
the Government of India dated 4.4.2002 and 18.12.2002 are reproduced as
under:-
Circular dated 4.4.2002
" No.F.5-21/97-UT 1
Government of India
Ministry of Human Resource Development
W.P.(C) No. 7373/2002 Page 2 of 5
Department of Secondary & Higher Education
******
A-2/W-4, Curzon Road Barracks,
New Delhi, Dated 04/04/02
To
1.Secretary (Education 4. Director of Education
Andaman & Nicobar Admn. Director of Education
Port Blair Govt. of NCT of Delhi
Delhi
2. Secretary (Education) 5.Secretary Education
Dadra & Nagar Haveli, Lakshadweep Admn.
Admn. Kavarati
Silvassa.
3. Secretary (Education) 6. Secretary (Education)
Daman and Diu Admn. Govt. of Pondicherry
Moti Daman Pondicherry
Subject: Revision of pay scales (senior and selection scales) for Primary School
Teachers in the employment of Govt. of India, in the Union Territories and other
autonomous bodies sponsored by the Government of India.
Sir,
In continuation to this Ministry's letter No.5-14/97-UT.1 dated 7.8.1998 regarding
revision of pay scales of teachers, I am directed to stay that the matter regarding
anomaly in the pay scales(senior and selection) of Primary School Teachers was
under consideration of the Govt. It has now been decided to revise senior and
selection scales of Primary Schools Teachers w.e.f.1.1.96 as under:
Existing Revised
Entry Scale 4500-7000 4500-7000(No change)
Senior Scale 5000-8000 5500-9000
Selection Scale 5500-9000 6500-10500
2. This issues with the concurrence of Integrated Finance Division of this Ministry
vide their Dy. No.3053/2002-IFD dated 4.4.2002.
Yours faithfully,
Sd/-
(ANIL KAPOOR)
Deputy Secretary to the Govt. of India"
Circular dated 18.12.2002
"F.No.22-20/99-NI-I
Government of India
Ministry of Social Justice & Empowerment
Desk NI-I
Room No.622, 'A' Wing, Shastri Bhavan,
New Delhi, dated the 18th December, 2002
To,
Dr. Dharmender Kumar,
Director,
Institute for the Physically Handicapped,
4, Vishnu Digambar Marg,
New Delhi-110002
Subject: Adoption of the recommendations of the Anomalies Committee
regarding the scales of Staff of the National Institutes.
.....
Sir,
The recommendations of the Anomalies Committee regarding the scales of
National Institutes have been under consideration of the Ministry of Social Justice
& Empowerment for some time. In consultation with Internal Finance Division of
the Ministry and Department of Expenditure, Ministry of Finance, it has now been
decided to revise the pay scales of the following categories of posts as given under:
S. Name of the Post Existing Revised
No Pay Scale pay scale
(Rs.) (Rs.)
1. Machine Man Grade I 4000-6000 4500-7000
2. Physiotherapist/Occupational 4500-7000 5500-9000
Therapist
3. Head Mistress 5500-9000 6500-10500
4. Primary School Teacher 4500-7000 5000-8000
(Senior Scale)
5. Primary School Teacher 4000-6000 4500-7000
2. This sanction has the concurrence of Ministry of Finance, Department of
Expenditure vide their U.O.No. 6(14)/E.III-(B)/2000 dated 2.1.2002.
3. This issues with the approval of competent authority.
4. This order comes into force with effect from the date of issue
Yours faithfully
Sd/-
(D.K.Bhat)
Under Secretary to the Govt. of India."
4. I may note that the respondent/institute/employer has observed
in its additional affidavit dated 15.4.2005 that besides the petitioner there
were other primary teachers in the school, and that to no primary teacher or
any other employee of the respondent/institute, the pay band/pay-scale was
fixed of senior scale of Rs.5500-9000 and that for every primary school
teacher of senior scale, the initial pay band was fixed at Rs.5000-8000 w.e.f
1.1.1996. Once therefore the respondent/institute has not granted a senior
scale of Rs. 5500-9000 to any other primary teachers, and which is because
of the circular dated 18.12.2002, petitioner also cannot get the scale of Rs.
5500-9000.
5. In view of the above discussion, it is seen that the circular
dated 18.12.2002 prevails, and which supersedes the earlier circular dated
4.4.2002, and thereby, initial pay band in senior scale of primary school
teacher is Rs.5000-8000 and not Rs.5500 -9000 as is contended on behalf of
the petitioner.
6. In view of the above, the petitioner cannot be granted the initial
pay band of Rs.5500-9000 in the senior scale inasmuch as initial pay band
of a primary teacher in the senior scale is Rs.5000-8000 in terms of the
circular dated 18.12.2002 of the Government of India.
7. Dismissed.
MARCH 08, 2017/ib VALMIKI J. MEHTA, J
