Yes, you can claim equal pay like other teacher from university and HRD rules of state government.
Salary deviation from gazette Notification made by Govt of Jharkhand
I got appointment in a govt of jharkhand run autonomous school name Netarhat Residential School in the year, Latehar, Jharkhand in the year 2014. I am getting salary in the pay scale [deleted] in the pay band 5400. It was the pay they advertised in news paper and according to school service rules and regulations but earlier to 2012 appointments every teacher is getting the scale [deleted] and grade 6600. This grade is total of 10 years advanced grade to 5400. Since during the year 2009 Govt of Jharkhand has already made fix the salary for teachers in Netarhat School in the pay scale of [deleted] in grade 6600. Since 2012 many new appointments has already made to this school and all teachers are getting 5400 grade but appointments before 2012 are getting grade 6600. I want to know that whether we can go to court for decision as there are two gazette published one is by Govt of Jharkhand(with approval of cabinet)during year 2009 which provide 6600 grade to teachers of Netarhat School and second gazette was published in the year 2010(without approval of cabinet). Since all teachers are in the same post and working in a same school can we claim for equal pay for equal work?
Asked 6 years ago in Labour
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9 Answers
you cannot claim pay scale of 6600
2) reason being advertisement in newspapers clearly mentioned pay scale of 5400
3) further as per school service rules you are entitled to pay scale of 5400 only
4) you may file writ in HC if pay scale is contrary to gazette notification
You can legally claim parity in pay scale and file a writ in high court seeking direction to remove the imparity .
Yes you can claim and if not provided you can fike writ petition in high court
This is a very weird and unfortunate situation wherein the school has categorized teachers into 2 groups and this categorization is not based upon any rational criteria.
Therefore file a writ petition in the high court for equal pay for equal work.
You have been appointed as per the conditions advertised for this employment with the conditions and the pay band as mentioned in the advertisement.
Hence in my opinion, your fight against the so called discrimination may not yield desired result because ther is no injustice done to you by the management of the school nor the government neither you are paid less than what was offered by them.
By writ petition under Article 226 of the Constitution of India, you can seek the application of doctrine of equal pay for equal work.
No relief from court on this ground. Your appointment is subject to 2012 rules.
But law is clear equal pay for equal work. On this ground you can seek releif.
1. Yes Teachers can claim equal pay for same post.
2. Aggrieved teachers should file writ petition in High court against the Govt decision for decreasing the Grade pay for same post in same School.
