कोर्ट ने प्रमुख सचिव बे0शि0 को दिए निर्देश, विशेष शिक्षकों के वेतन पर चार माह में निर्णय करें सरकार
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. - 7
Case :- SERVICE SINGLE No. - 30669 of 2016
Petitioner :- Vishesh Shiksha Shishak (Itinarent Vs Resource Teacher) -
Respondent :- Union Of India Thru. Secy. Ministry H.R.D. & Ors.
Counsel for Petitioner :- Mamta Tripathi,Praveen Kumar Tewari
Counsel for Respondent :- C.S.C.,A.S.G.
Respondent :- Union Of India Thru. Secy. Ministry H.R.D. & Ors.
Counsel for Petitioner :- Mamta Tripathi,Praveen Kumar Tewari
Counsel for Respondent :- C.S.C.,A.S.G.
Hon'ble Devendra Kumar Upadhyaya,J.
Notice on behalf of respondent No.1 has been accepted by the office of learned Assistant Solicitor General of India, whereas notice on behalf of respondent Nos. 2 and 3 has been accepted by the office of learned Chief Standing Counsel and notice on behalf of respondent No.4 has been accepted by Sri Ajai Kumar, Advocate.
Heard the learned counsel for the parties.
The petitioner is an Association of Special Teachers whose services are said to have been engaged under Sarva Shiksha Abhiyan on contractual basis to teach the disabled students with special needs.
It has been contended by the learned counsel for the petitioner that Central Government has launched a Scheme known as Integrated Education of Disabled Children (IEDC) which in the State of U.P. is being implemented through and under the State Project Sarva Shiksha Abhiyan. Further submission is that in terms of the IEDC Scheme, the special teachers are entitled to be paid the same scales of pay as available to the teachers of the corresponding category in the State concerned. He has relied upon the Clause 12.3 of IEDC which runs as under:-
"12.3. Scales of pay: The same scales of pay as available to the teachers of the corresponding category in that State/UT will be given to special teachers. Considering the special type of duties, these teachers will be given a special pay of Rs. 150 per month in urban areas and Rs.200 per month in rural areas. The State Education Department may recruit such teachers for this purpose following the normal recruitment procedures."
Learned counsel for the petitioner has also drawn attention of this Court to an office memorandum dated 22.01.2010 issued by the State Project Director of Sarva Shiksha Abhiyan, whereby it has been provided that the employees engaged on contractual basis in Sarva Shiksha Abhiyan shall be paid minimum Grade Pay of the basic pay along with Dearness Allowance, House Rent Allowance and City Compensatory Allowance. He has further sated that despite the clear stipulation in IEDC Scheme for payment of same scales of pay which is admissible to the teachers of corresponding category and despite the office memorandum dated 22.01.2010 issued by the State Project Director of Sarva Shiksha Abhiyan, the special teachers in the State of U.P. are being given consolidated salary of Rs. 13,200/- His submission is, thus, that the petitioners are entitled to be paid their salary in terms of the provisions contained in Clause 12.3 of the IEDC Scheme or at least they are entitled to be paid their emoluments as prescribed by the office memorandum dated 22.01.2010 issued by the State Project Director of Sarva Shiksha Abhiyan.
Taking into consideration the aforesaid assertions made by the learned counsel for the petitioner, this writ petition is disposed of finally with the direction to the Secretary/Principal Secretary, Department of Basic Education, Government of U.P., Lucknow to take decision in the aforesaid matter expeditiously, in consultation with the State Project Director of Sarva Shiksha Abhiyan. For the aforesaid purpose, the petitioner-association shall make an exhaustive representation to the State Government setting out the grievances of the special teachers relating to the payment of emoluments in tune with the provisions of IEDC Scheme within a fortnight taking therein all the pleas which may be available to it and annexing therewith all the documents on which petitioner-association intends to relay. It will be open to the State Government to call for reports and other necessary documents which may be required for arriving at the correct and equitable decision ensuring appropriate payment of emoluments to the special teachers employed in the State of U.P. The aforesaid exercise shall be completed within a period of four months from the date of production of certified copy of this order along with representation to be made under this order.
The decision so taken shall also be communicated to the petitioner-association.
Order Date :- 2.1.2017
Sanjay
Notice on behalf of respondent No.1 has been accepted by the office of learned Assistant Solicitor General of India, whereas notice on behalf of respondent Nos. 2 and 3 has been accepted by the office of learned Chief Standing Counsel and notice on behalf of respondent No.4 has been accepted by Sri Ajai Kumar, Advocate.
Heard the learned counsel for the parties.
The petitioner is an Association of Special Teachers whose services are said to have been engaged under Sarva Shiksha Abhiyan on contractual basis to teach the disabled students with special needs.
It has been contended by the learned counsel for the petitioner that Central Government has launched a Scheme known as Integrated Education of Disabled Children (IEDC) which in the State of U.P. is being implemented through and under the State Project Sarva Shiksha Abhiyan. Further submission is that in terms of the IEDC Scheme, the special teachers are entitled to be paid the same scales of pay as available to the teachers of the corresponding category in the State concerned. He has relied upon the Clause 12.3 of IEDC which runs as under:-
"12.3. Scales of pay: The same scales of pay as available to the teachers of the corresponding category in that State/UT will be given to special teachers. Considering the special type of duties, these teachers will be given a special pay of Rs. 150 per month in urban areas and Rs.200 per month in rural areas. The State Education Department may recruit such teachers for this purpose following the normal recruitment procedures."
Learned counsel for the petitioner has also drawn attention of this Court to an office memorandum dated 22.01.2010 issued by the State Project Director of Sarva Shiksha Abhiyan, whereby it has been provided that the employees engaged on contractual basis in Sarva Shiksha Abhiyan shall be paid minimum Grade Pay of the basic pay along with Dearness Allowance, House Rent Allowance and City Compensatory Allowance. He has further sated that despite the clear stipulation in IEDC Scheme for payment of same scales of pay which is admissible to the teachers of corresponding category and despite the office memorandum dated 22.01.2010 issued by the State Project Director of Sarva Shiksha Abhiyan, the special teachers in the State of U.P. are being given consolidated salary of Rs. 13,200/- His submission is, thus, that the petitioners are entitled to be paid their salary in terms of the provisions contained in Clause 12.3 of the IEDC Scheme or at least they are entitled to be paid their emoluments as prescribed by the office memorandum dated 22.01.2010 issued by the State Project Director of Sarva Shiksha Abhiyan.
Taking into consideration the aforesaid assertions made by the learned counsel for the petitioner, this writ petition is disposed of finally with the direction to the Secretary/Principal Secretary, Department of Basic Education, Government of U.P., Lucknow to take decision in the aforesaid matter expeditiously, in consultation with the State Project Director of Sarva Shiksha Abhiyan. For the aforesaid purpose, the petitioner-association shall make an exhaustive representation to the State Government setting out the grievances of the special teachers relating to the payment of emoluments in tune with the provisions of IEDC Scheme within a fortnight taking therein all the pleas which may be available to it and annexing therewith all the documents on which petitioner-association intends to relay. It will be open to the State Government to call for reports and other necessary documents which may be required for arriving at the correct and equitable decision ensuring appropriate payment of emoluments to the special teachers employed in the State of U.P. The aforesaid exercise shall be completed within a period of four months from the date of production of certified copy of this order along with representation to be made under this order.
The decision so taken shall also be communicated to the petitioner-association.
Order Date :- 2.1.2017
Sanjay
कोर्ट ने प्रमुख सचिव बे0शि0 को दिए निर्देश, विशेष शिक्षकों के वेतन पर चार माह में निर्णय करें सरकार
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