Case Note & Summary
The appeal by special leave arose from a judgment of the Bombay High Court dated 3.9.93 in a writ petition filed by respondents 1 to 4, who were primary school teachers absorbed in Zilla Parishad service. The dispute concerned their claim for upgraded Head Master pay scale under a State Government Resolution. The State of Maharashtra issued Resolution No. PTP.1070-F dated 22.10.1970 authorizing Zilla Parishads and other local bodies to upgrade existing primary teacher posts to Head Masters in the scale of Rs.145-250 retrospectively from 1.4.1966. The number of upgraded posts was to be determined based on schools teaching up to Standard VII and other schools with 200 or more pupils on 1.4.1966, with annual review. Promotion was to be made under Rule 6(4) read with item No.8 in Appendix IV (Part II) to Rule 5 of the Maharashtra Zilla Parishads District Services (Recruitment) Rules, 1967, requiring five years continuous service and training. Schedules defined Head Master, upgraded Head Master, eligible and entitled teachers, notional appointment dates, and classified cases. Respondents 1 to 4, who served as teachers on deputation between 1962-1968 and were absorbed in 1968-69, filed Writ Petition No. 1638 of 1489 before the Bombay High Court at Aurangabad claiming the time scale of Head Master from 1.4.1966. While the petition was pending, the Chief Executive Officer passed an order dated 18.4.1990 granting the scale; the Education Officer passed a consequential order dated 31.5.1990; the Accounts Officer pointed out an error; and the Chief Executive Officer suspended the earlier orders by order dated 26.10.1990. The Zilla Parishad filed counter affidavits stating that upgraded posts were not available under Clauses (i) and (ii) of the Resolution. The High Court by the impugned order relied on the Chief Executive Officer's order dated 18.4.1990 and apparently did not notice the suspension order. The Supreme Court granted leave and was considering whether the High Court erred in relying on the suspended order and whether the respondents were entitled to the upgraded pay scale. The extracted text ends mid-sentence without the final analysis, reasoning, or decision of the Supreme Court.
Headnote
A) Service Law - Pay Scale Upgradation - Government Resolution No. PTP.1070-F dated 22.10.1970 - Maharashtra Zilla Parishads District Services (Recruitment) Rules, 1967, Rule 6(4) read with item No.8 in Appendix IV (Part II) to Rule 5 - The State authorized upgradation of primary school teacher posts to Head Masters in pay scale Rs.145-250 retrospectively from 01.04.1966 and prescribed number of posts based on eligible schools on 01.04.1966, with annual review - The respondents claimed entitlement to upgraded pay scale from 01.04.1966; the Zilla Parishad contended upgraded posts were not available under Clauses (i) and (ii) of the Resolution - Held that the final determination of entitlement is not stated in the extracted text; the High Court granted relief relying on CEO order dated 18.04.1990 (Paras 1-8). B) Administrative Law - Suspension of Administrative Order - Effect on Judicial Reliance - Maharashtra Zilla Parishads District Services (Recruitment) Rules, 1967 - The Chief Executive Officer by order dated 18.04.1990 directed grant of upgraded Head Master scale, but later suspended that order and the Education Officer's consequential order dated 31.05.1990 by order dated 26.10.1990 - The appeal before the Supreme Court contended the Bombay High Court committed gross error in relying on the suspended order - Held that the High Court's reliance on a suspended order was challenged; final decision on this ground is not available in the extracted text (Paras 1-8).
Issue of Consideration
Whether the Bombay High Court committed gross error in relying on the Chief Executive Officer's order dated 18.4.1990 despite its suspension by order dated 26.10.1990; whether respondents 1 to 4 were entitled to the pay scale of upgraded Head Masters with effect from 1.4.1966 under Government Resolution dated 22.10.1970 and the Maharashtra Zilla Parishads District Services (Recruitment) Rules, 1967; whether upgraded Head Master posts were available under Clauses (i) and (ii) of the Resolution.
Final Decision
Not mentioned in the provided text; the judgment excerpt ends mid-sentence before the Supreme Court's final order.
Law Points
- Government Resolution authorized upgradation of primary school teacher posts to Head Masters with retrospective effect from 01.04.1966
- number of upgraded posts to be fixed based on eligible schools and reviewed annually
- promotion to be made under Maharashtra Zilla Parishads District Services (Recruitment) Rules
- 1967
- Chief Executive Officer's order granting scale was suspended by subsequent order
- High Court erred in relying on suspended order
