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HC snubs govt: UGC pay-scale to all teachers
PATNA: Teachers all over the state on Tuesday heaved a sigh of relief as the Patna High Court dismissed the Letters Patent Appeal (LPA) filed by the state government challenging the Justice Aftab Alam judgment with regard to the payment of revised UGC pay-scales to all categories of college and university teachers.
It was after a long-drawn struggle by the university teachers that the state government decided to implement the revised UGC pay-scales in July 2001. But it cleverly debarred the teachers promoted under time-bound promotion scheme from this benefit and demoted readers and professors to the rank of lecturers. Teachers promoted under merit promotion scheme were, however, allowed to draw revised pay as per their respective designations. The aggrieved teachers challenged this executive order in the Patna High Court. In February 2002, Justice Aftab Alam, in his judgment, described the government notification as "arbitrary and illegal" and held that there should not be any discrimination between the teachers promoted under time-bound and merit promotion schemes.
But, instead of honouring the judgment, the government filed an LPA against it in July 2002. It took nearly three years for the high court to dispose of the LPA. The university teachers had also approached the Supreme Court for speedy trial of the LPA following which the apex court directed the Patna High Court to dispose of the case within the next three months -- by July 10, 2005. By Rajesh Kumar, Section Educations In Bihar Posted on Tue Aug 23, 2005 at 10:17:21 PM EST
While rejecting the state government's plea on Tuesday, a division Bench comprising Justice Narayan Roy and Justice Mridula Mishra maintained that a reasoned order for dismissal of the government's appeal would follow.
The office-bearers of the PUTA, FUTAB, FUSTAB and other university teachers' associations opposed the state government's plea in the court through a battery of lawyers. Jayanandan Prasad Singh, S N Jha, Ganesh Prasad Singh, Rajendra Prasad Singh and Shyam Kishore Sharma were among the lawyers who pleaded on behalf of the teachers' associations. Standing counsel Alamdar Hussain pleaded for the state government. Hailing the judgment, FUSTAB secretary A K P Yadav said the dignity of all the time-bound promoted teachers, including principals, heads of departments and some vice chancellors, has now been restored. PUTA general secretary Amar Nath Singh said, "our stand has been vindicated". He said the governor should see to it that the judgment is implemented at the earliest as justice has already been much delayed.
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