CWJC No. 8611 of 2012. Case: District Madarsa Teachers Association, Banka Vs The State of Bihar through Chief Secretary, Government of Bihar and Ors.. High Court of Patna (India)
| Case Number | CWJC No. 8611 of 2012 |
| Counsel | For Appellant: Mr. Alim Jang Khan, Adv. and For Respondents: Mr. K.P. Gupta for the State and Mr. Md. Rashid Alam for the Board |
| Judges | Samarendra Pratap Singh, J. |
| Issue | Constitution of India - Articles 14, 16 |
| Citation | 2014 (1) PLJR 72 |
| Judgement Date | May 14, 2013 |
| Court | High Court of Patna (India) |
Order:
Samarendra Pratap Singh, J.
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The petitioner which is an Association of the District Madarsa Teacher's Association, Banka, has filed this writ petition through its General Secretary who is also the Principal of recognized and aided Madarsa, Islamia, Kaithtikar, Police Station Barahat, District-Banka, for grant of pay scales and other monetary benefits in terms of 5th, 6th and 7th Pay Revision Committee Report to the teachers and non-teaching staff of non-Government Madarsa and Sanskrit Schools with effect from the dates the same have been granted to the teachers and other staff of Government Schools as well as to teachers and non-teaching staff of the Education Department, Government of Bihar. The petitioner has given the details of the Pay Revision Reports and its implementation thereof by the Finance Department, Government of Bihar. The Finance Department implemented the 1st Pay Revision Commission Report vide Memo No. 1899(F) dated 17.2.1948 with effect from 1.9.1947. 2nd Pay Revision Commission Report came into force vide Finance Department Resolution No. 67 dated 10.3.1965 with effect from 1.4.1964. 3rd Pay Revision Commission Report came into force by Finance Department resolution no. 836 dated 30.11.1972 with effect from 1.1.1971. 4th Pay Revision Commission Report came into force vide Finance Department resolution no. 10770 dated 30.12.1981 with effect from 1.4.1981. The 5th Pay Revision Commission Report came into force vide Finance Department resolution no. 6021 dated 18.12.1989 with effect from 1.1.1986. 6th Pay Revision Commission Report came into force vide Finance Department Resolution No. 660(F) dated 8.2.1999 with effect from 1.1.1996 and 7th Pay Revision Commission Report came into force vide Finance Department Memo No. 830 dated 21.1.2010 with effect from 1.1.2006.
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The petitioner submits that the State Government revised and made pay Scales of teachers and other staff of non Government Madrasas and Sanskrit schools at par with teachers and other staff of Government Madarsa and Sanskrit School by its resolution no. 689 dated 4.5.1978 with effect from 1.4.1978. The State Government again revised the pay scales vide resolution no. 1152 dated 26.12.1980 with effect from 1.4.1980. The Government further resolved vide resolution no. 2001 dated 8.12.1982 that pay Scales of Madarsa teachers and Sanskrit school teachers will be same and similar to teachers and other staff of Government, Madarsa and Sanskrit Schools...
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