The respondents were initially appointed as primary school teachers under the DDP as aforesaid in the Ministry of Home Affairs from the year 1966 onwards.
The appellants denied such claim as the aforesaid circular applies only to the teachers of the schools under the Union Territories expect Chandigarh including Government aided schools and organisations like Kendriya Vidyalaya Sangathan and Central Tibetian Schools Administration etc.
The reliance placed by the respondents only refers to the acceptance by the Defence and Railway department and number Home Ministry under which aforesaid DDP was working.
Thereafter they were re deployed in the various departments and offices of the Central Government companysequently were relieved from the surplus cell with effect from 22nd September, 1986 onwards to join the new postings in various number teaching cadres.
Aggrieved by the said order, the present appeals are filed by the Union of India and others.
The claim of the respondents was allowed by the Central Administrative Tribunal, Calcutta Bench hereinafter referred to as Tribunal upholding the companytention of respondents and directing the appellants to pay at the revised scale with effect from 1st January, 1986 in line with the Railway Ministrys circular dated 11th April, 1988 or the aforesaid HRD Ministrys circular dated 12th August, 1987 and also give companysequential refixation of the pay under the rules.
E PA I.87/PS.5.PE.5, dated 11th January, 1988 of Railway Board.
The relevant portion is quoted hereunder Sanction of President has been received under Ministry of Defence letter quoted above, addressed to Ordnance Factory Board companyy to all companycerned ordnance Fys.
This is number in dispute that these respondents while working as teachers earlier were given pay scale of Rs.
1028/A W School dated 15th March, 1989, of Ministry of Defence, Ordnance Factory Board.
The grievance of the respondents is that they have number been given the benefit of the recommendations of the National Commission of the teachers by the aforesaid Chatopadhya Committee.
They have been posted at the various primary schools under the said project.
The National Commission recommended the following pay scales for the primary school teachers Primary School Teachers Rs.
Further, since education being a state subject under the legislative entry under the Constitution and the schools under DDP having been transferred to the State Government companycerned, teachers under it would be benefitted when the State Government accepts the report.
The said report was accepted by the Ministry of Human Resources Development, Department of Eduction, which is evident from the circular dated 12th August, 1987, through which higher pay scale to school teachers were made admissible.
among others regarding the application of revised scales of pay, teaching allowance and special allowance as sanctioned in Ministry of Human Resources Development Department of education letter No, F. 5 180/86 UT I dated 12.8.1987 based on the recommendation of the National Commission on Teachers under the Chairmanship of Prof. P. Chattopadhya enclosed with the above letter to the teachers of Ordnance Factory Schools.
226 400 with effect from 1st January, 1973 as per the recommendations of the 3rd Pay Commission which was subsequently revised on the basis of the 4th Pay Commission and were paid in the scale of Rs.
The relevant portion is quoted hereunder Sub Revision of pay scales of school teachers.
F. 15 1 IC /86 dated 13th September, 1986 and 22nd September, 1986.
It is further submitted that on the date of the said circular there companyld number be any companysideration for the primary school teachers under DDP as the very institution under DDP, was numbermore in existence, stood transferred to the State Governments.
Similarly another letter No.
The said report was accepted specifically only for the Union Territories as it is also evident by the aforesaid circular dated 12th August, 1987.
950 1500 with effect from 1st January, 1986.
Subsequently, it was clarified that the revised scales of pay for different grades of teachers are based only on the recommendations of the fourth Central Pay Commission, that decision on the recommendation of National Commission on Teachers is yet to be taken and that to be done as soon as possible.
As a result of policy decision by the Central Government, it was decided on the 1st April, 1986 to handover all the aforesaid schools under the DDP to the State Governments and any teachers and other employees rendered surplus were taken on roll of Central Surplus Staff Cell of the department of Personnel and Training vide order dated 28th April, 1986.
In pursuance of this, respondents were transferred to the aforesaid surplus staff cell with effect from 1st April, 1986.
1.1.1986.
PC IV/86/IMP Schedule/1 dated 24.9.1986, shall be deposited in the provident fund accounts of the employees.
They have been posted at the various primary schools.
As this report was given effect from 1st January, 1986, the respondents claim the benefit as they were factually working on this date as primary school teachers under the aforesaid DDP.
In partial modification of finance Ministrys Notification No.
F15 1 IC/86 dated 13th September, 1986 and 22nd September, 1986, by which replacement scales were given to school teachers, it has number been decided that the revised pay scales of school teachers in all Union Territories Except Chandigarh including Government aided school and organisation like Kendriya Vidyalaya Sangathan and Central Tibetan Schools Administration etc.
Misra, J. The companymon question raised in the aforesaid appeals is, whether the respondents, who were primary school teachers under the Dandakaranaya Development Project hereinafter referred to as DDP , under the Ministry of Home Affairs, Department of Rehabilitations, Government of India, in the relevant period would be entitled to the higher pay scale as per the recommendations of the National Commission on Teachers headed by Professor D.P. Chatopadhya hereinafter referred to as National Commission in terms of the circular dated 12th August, 1987 issued by the Ministry of Human Resources Development, Department of Education.
The Ministry of Railways have on the recommendations of the National Commission on Teachers, under the Chairmanship of Prof. P. Chattopadhyay, decided that the revised 4th Pay Commission scales and selection Grades for teachers on the Railways should be further revised as in the Annexure attached.
