Chandigarh-March 24th-HC Notice to State of Punjab, in CWP filed by 152 teachers, seeking quashing of Notification dated January 15th, 2015-mandating that henceforth the employees recruited on regular basis shall get only basic salary as emoluments during three years of probation period:
A Division Bench of the HC headed by Justice Surya Kant today issued notices to State of Punjab and its Education department for 25.9.2017 in a Civil Writ Petition filed by 152 teachers who were recruited on regular basis during the year 2016. The petitioners, who comprise Lecturers, Masters and ETT Teachers, have sought quashing of Punjab Government Notification dated 15.1.2015, and other subsequent notifications which lay down that henceforth the persons to be recruited on regular basis shall remain on
probation for three years, and during this period, they shall get fixed monthly emoluments equal to starting basic pay of the Scale of Pay applicable to them, and that they will not be entitled to grade pay, or allowances, including dearness allowance. Further provision in the notification is that this three years’ period shall not be counted towards permanent service, after they complete probation period.
The petitioners have alleged that they are losing Rs. thirty thousand or more per month due to this arbitrary and illegal notification. They have contended that the provisions of this notification are violative of the latest judgment of Supreme Court which mandates that irrespective of designation or nomenclature, all employees performing same duties are entitled to same pay on the basis of “equal pay for equal work”. They have also contended that being unemployed, they did not have any bargaining power like specialist doctors, to be recruited by the Punjab Government, who have been exempted from the preview of this draconian notification. The petitioners have thus, pleaded that they should be paid wages as per the Scale of Pay applicable to them with effect from respective dates of their appointments, along with arrears thereof, and the probation period be treated towards permanent service.
(H.C.ARORA)
ADVOCATE
COUNSEL FOR PETITIONERS
A Division Bench of the HC headed by Justice Surya Kant today issued notices to State of Punjab and its Education department for 25.9.2017 in a Civil Writ Petition filed by 152 teachers who were recruited on regular basis during the year 2016. The petitioners, who comprise Lecturers, Masters and ETT Teachers, have sought quashing of Punjab Government Notification dated 15.1.2015, and other subsequent notifications which lay down that henceforth the persons to be recruited on regular basis shall remain on
probation for three years, and during this period, they shall get fixed monthly emoluments equal to starting basic pay of the Scale of Pay applicable to them, and that they will not be entitled to grade pay, or allowances, including dearness allowance. Further provision in the notification is that this three years’ period shall not be counted towards permanent service, after they complete probation period.
The petitioners have alleged that they are losing Rs. thirty thousand or more per month due to this arbitrary and illegal notification. They have contended that the provisions of this notification are violative of the latest judgment of Supreme Court which mandates that irrespective of designation or nomenclature, all employees performing same duties are entitled to same pay on the basis of “equal pay for equal work”. They have also contended that being unemployed, they did not have any bargaining power like specialist doctors, to be recruited by the Punjab Government, who have been exempted from the preview of this draconian notification. The petitioners have thus, pleaded that they should be paid wages as per the Scale of Pay applicable to them with effect from respective dates of their appointments, along with arrears thereof, and the probation period be treated towards permanent service.
(H.C.ARORA)
ADVOCATE
COUNSEL FOR PETITIONERS
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