SMT. SAROJ TOMAR AND 2 OTHERS v. STATE OF U.P. AND 3 OTHERS
WRIA/20846/2017 · 2025-05-22
Donadi Ramesh
body2025
DailyLaw.ai
[ 2025 DAILYLAW 44273 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 44273 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:88008 Court No. - 38 Case :- WRIT - A No. - 20846 of 2017 Petitioner :- Smt. Saroj Tomar And 2 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Abhijeet Mukherji,Sushmita Mukherjee Counsel for Respondent :- C.S.C.,Shailendra Singh Hon'ble Donadi Ramesh,J.
1. Heard Shri Abhijeet Mukherji, learned counsel for the petitioner and learned Standing Counsel for the State-respondent.
2. The petitioners are working as teachers in aided Inter College. The grievance of the petitioners in this writ petition is that there is a parity existing in pay-scales between the petitioners and the teachers working in the Government Institution. When they came to know about the differences they represented before the authorities and the respondents have rejected the claim vide impugned order dated 25.11.2014. Assailing the said order the present writ petition is filed.
3. The main contentions of the petitioners is that the respondents have not considered the case of the petitioners as per the ratio decided by this Court in Writ Petition No.10665 of 2006 (Dharam Pal Singh Rajpoot and Others Vs. State of U.P. and Others). In fact in the said judgment the core issue has been considered and held that the petitioners may be paid the same pay scale as being paid to the teachers of the Model Schools without consequential benefits. Learned counsel for the petitioner further brought to the notice of this Court that following the said observations, some of the teachers' cases were considered by the respondents and were granted relief vide order dated 01.02.2014, same is annexed along with this writ petition as Annexure No.33 to this writ petition.
4. Further, learned counsel for the petitioner has also submitted that the judgment which is relied on, by the respondents in rejecting the case of the petitioners were also interfered by the division Bench of this Court, remanding the matter once again to the authorities.
5. In the said circumstances, considering the submissions made by
learned counsel for the petitioner and on perusal of the order passed by this Court in Dharmpal Pal Singh Rajpoot (supra) and the order passed by the authorities on 01.12.2014 with regard to the employees sitting on the same footing. Accordingly, the impugned order dated 25.11.2014 is set aside, remanding the issue once again to the authorities to re-consider as per the observations made by this Court in the above referred judgment and pass appropriate order within a period of two months from the date of a receipt of a copy of this order.
6. Accordingly, the present writ petition is disposed of.
Order Date :- 23.5.2025 AdityaG (Donadi Ramesh,J.) Digitally signed by :- ADITYA GAUTAM High Court of Judicature at Allahabad