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K.N. Bhatnagar Vs. Union of India (Uoi) - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtRajasthan High Court
Decided On
Case NumberS.B.C.W. No. 199 of 1984
Judge
Reported in1985WLN(UC)36
AppellantK.N. Bhatnagar
RespondentUnion of India (Uoi)
DispositionAppeal dismissed
Excerpt:
.....primary standard and students appearing at upper primary examination--held, petitioner working as head master is entitled to salary in grade of head master of upper primary school and all consequential benefits;the school in which the petitioner is working as head master is either an upper primary school or is not an upper primary school. there could not be anything like a school being half upgraded. if the school is upto upper primary standard and the students appearing at the examination of upper primary standard conducted by the northern railway, then for all purposes the school must be considered to have been raised upto upper primary standard.;the petitioner would be entitled not only to the enhanced salary, but all other consequential benefits on account of his discharging the..........primary school with effect from july 1, 1980 and since then the petitioner has been working as head master of the upper primary school. the grievance of the petitioner is that although he is performing the work of head master of on upper primary school with effect from july, 1, 1980. he has not been paid his salary by the northern railway in the pay scale of 550-900 but he is still getting the salary in the lower grade of head master of a primary school. the reply given by the divisional railway manager, northern railway, jodhpur to the representation of the petitioner, on august 23, 1983 (ex. 17) is that the post of teacher in the grade of 550-990 was not sanctioned in the division and unless and until the railway board sanctioned the creation of a post in the grade of 550-900, the.....
Judgment:

D.P. Gupta, J.

1. The petitioner was initially appointed as Assistant Teacher in the year 1959 and was then promoted as Head Master of a primary school in the Northern Railway. The school at which the petitioner was working was upgraded to upper primary school with effect from July 1, 1980 and since then the petitioner has been working as Head Master of the upper primary school. The grievance of the petitioner is that although he is performing the work of Head Master of on upper primary school with effect from July, 1, 1980. he has not been paid his salary by the Northern Railway in the pay scale of 550-900 but he is still getting the salary in the lower grade of Head Master of a primary school. The reply given by the Divisional Railway Manager, Northern Railway, Jodhpur to the representation of the petitioner, on August 23, 1983 (Ex. 17) is that the post of teacher in the grade of 550-990 was not sanctioned in the Division and unless and until the Railway Board sanctioned the creation of a post in the grade of 550-900, the benefit of the higher grade cannot be allowed to the petitioner.

2. It may be observed that the respondents have not disputed the fact that the school in which the petitioner was working as Head Master was upgraded with effect from July 1, 1980 and further that from the aforesaid date the petitioner has been discharging the duties of Head Master of an upper primary school. It is also not disputed that the grade of the post of Head Master of upper primary school is Rs 550 900, It is highly unjust that although the petitioner is performing work and discharging the duties of the post of Head Master of an upper primary school in the Northern Railway, the prescribed grade of Head Master of an upper primary school has not been allowed to the petitioner. Mr. Mathur argued that the grade of Rs. 550 900 is attached to the post of Head Master of a middle school. Learned counsel for the petitioner states that there is no difference between an upper primary school and a middle school, as middle school known earlier is now known as upper primary school. I do not find any substance in the contention of the learned counsel for the respondents that the school has not yet been upgraded upto 'full fledged' middle school at Samdari. The school in which the petitioner is working as Head Master is either an upper primary school or is not an upper primary school. There could not be anything like a school being half upgraded. If the school is upto upper primary standard and the students are appearing at the examination of upper primary standard conducted by the Northern Railway, then for all purposes the school must be considered to have been raised upto upper primary standard and the petitioner is entitled to salary in the grade of Head Master of upper primary school, according to rules.

3. In the result, the writ petition is allowed. The respondents are directed to give the petitioner benefit of higher emoluments on account of discharging the functions of Head Master of an upper Primary school with effect from July 1, 1980. The petitioner would be entitled not only to the enhanced salary, but all other consequential benefits on account of his discharging the functions and duties of Head Master of upper primary school from the aforesaid date.

3. The parties are left to bear their own costs.


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