STATE OF BIHAR & ORS. versus SHYAMA NANDAN MISHRA

Citation: [2022] 11 S.C.R. 1136 · Decided: 05-05-2022 · Supreme Court of India · Bench: K.M. JOSEPH · Disposal: Dismissed

Cited by 2 judgment(s) · cites 2 · see the full citation network in Lexace

Judgment (excerpt)

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SUPREME COURT REPORTS
[2022] 11 S.C.R.
   [2022] 11 S.C.R. 1136
1136
STATE OF BIHAR & ORS.
v.
SHYAMA NANDAN MISHRA
(Civil Appeal No.7364 of 2014)
MAY 05, 2022
[K. M. JOSEPH AND HRISHIKESH ROY, JJ.]
Bihar Non-Government Secondary Schools (Taking over of
Control and Management) Act, 1981 – ss.9, 15 – Bihar Taken over
Secondary Schools (Service Conditions) Rules, 1983 – Bihar
Government Higher Secondary Schools (Service Conditions)
(Amendment) Rules, 2009 – Bihar Education Code – Art. 790 –
High Court declared that the +2 lecturers, both in the Government
and the nationalized (taken over) secondary schools, appointed
pursuant to adv.no.1/87, were always part of the Bihar Subordinate
Education Service(BSES) and are entitled to be merged with the
Bihar Education Service Class II (BES) pursuant to the Government
decision dated 07.07.2006 – It also interfered with the impugned
notification dated 23.06.2009 which provided for the encadrement
of the +2 lecturers with the teachers in the nationalized secondary
schools, which was found to be in contravention of Art.790 of the
Bihar Education Code and also contrary to the Government’s
decision dated 07.07.2006 and the Adv. No. 1/87 – Impugned order
dated 06.10.2006 and the notification dated 23.6.2009 were quashed
and set aside – Justification of – Held: +2 lecturers’ posts were
created in the BSES Cadre – This was represented in the Notification
dated 13.11.1985, and also in the Adv. No. 1/87 – Conduct of the
Government in providing pay scale parity with the BSES teachers
in the secondary schools, reinforces such conclusion – These
relevant and attending circumstances eclipse the implication of the
ex-cadre reference in the appointment letters – The encadrement
through notification dated 23.06.2009 has frustrated the legitimate
expectations of the respondents and was undertaken with the unfair
aim to block the respondents’ promotion to key positions, particularly
in the administrative wing of the Education department – Such
unfairness in State’s action cannot be countenanced – +2 lecturers
are indeed the members of the Subordinate Educational Service –
State Government must treat the +2 lecturers appointed pursuant to
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the Advertisement No. 1/87 as members of the Subordinate
Educational Service and all service benefits as the members of the
Subordinate Educational Service should be extended to them – No
reasons to interfere with the impugned judgment – Service Law.
Doctrines/Principles – Doctrine of Legitimate Expectation –
Discussed.
Dismissing the appeals, the Court
HELD: 1.1 It is evident from the Notification dated
13.11.1985 that the posts of + 2 lecturers (in the government
schools) were created in the cadre of BSES, in the pay scale of
Rs. 940-1660/-. The cadre for the +2 lecturers posted in the
nationalized schools was not specified therein, though the posts
were created in the same pay scale. The subsequent
Advertisement No. 1/87 also unequivocally stated that the
applications for +2 Lecturers in Government schools were invited
in the BSES Cadre in the pay scale of Rs. 940- 1660/-. Those
selected were then granted fortuitous appointment in either the
government or the nationalized schools. That the posts were
constituted in the BSES Cadre is adequately reinforced in the
judgment dated 30.09.1997 in the CWJC No. 2445/1994 by
Justice S.J Mukhopadhaya, through which, the artificial distinction
in both categories of +2 lecturers (posted in either Government
or Taken Over schools) was obliterated. It is a fact that the Bihar
Pradesh +2 Lecturers’ Association moved Court primarily for
redressal of the pay scale anomaly of the +2 lecturers appointed
in the Government and taken over schools, out of the common
advertisement No. 1/87. It was projected in those proceedings
that while accepting the 5th Pay Revision Committee’s
recommendations, the State Government provided for distinct
pay scales to lecturers serving in the Government Secondary
Schools and the Nationalized Secondary Schools. The Court
noticed the discrimination between both sets of lecturers,
performing similar duty with similar nature of job and same
qualifications. The +2 lecturers accordingly were held entitled to
same scale of pay, i.e., Rs. 2000- 3500/- as fixed for the members
of the Subordinate Education Service (Junior Selection Grade).
This way, not only the pay difference was eliminated but more
significantly for this case, the lecturers serving in Government/
STA

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