Case Note & Summary
The Bombay High Court disposed of two writ petitions filed by teachers Sagar Dattatray Chorghe and Sangeeta Ramchandra Salunke, who were employed in private aided schools (Navin Marathi Shala) run by Maharashi Karve Stree Shikshan Sanstha. The petitioners sought directions to the State of Maharashtra and other respondents to revise their salaries in accordance with the 7th Pay Commission recommendations, which had been implemented for government school teachers but not for teachers in aided schools. The court noted that the petitioners were qualified teachers and their schools were recognized and aided by the government. The State argued that the petitioners were not government employees and that the 7th Pay Commission was not applicable to aided schools. However, the court held that under the Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977, and the principle of equal pay for equal work, teachers in aided schools are entitled to parity in pay scales with government school teachers. The court directed the State to treat the petitioners as government aided school teachers for the purpose of pay fixation and to revise their salaries accordingly within three months. The court also clarified that the National Council for Teachers Education (NCTE) regulations did not bar such revision. The petitions were disposed of with no order as to costs.
Headnote
A) Service Law - Pay Revision - Government Aided Schools - Teachers in private aided schools are entitled to pay scales and benefits as per 7th Pay Commission recommendations applicable to government school teachers, as per the principle of equal pay for equal work and the provisions of the Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977. (Paras 1-22) B) Constitutional Law - Right to Equality - Article 14 - Discrimination - Denial of revised pay scales to teachers in aided schools while granting them to government school teachers violates Article 14 of the Constitution of India. (Paras 10-15) C) Education Law - National Council for Teachers Education (NCTE) - Role - NCTE regulations prescribing qualifications for teachers do not bar the application of pay revision benefits to teachers in aided schools. (Paras 16-18)
Issue of Consideration
Whether teachers employed in private aided schools are entitled to the same pay scales and benefits as teachers in government schools, particularly with reference to the 7th Pay Commission recommendations.
Final Decision
The court allowed the petitions and directed the State of Maharashtra to treat the petitioners as government aided school teachers for the purpose of pay fixation and to revise their salaries in accordance with the 7th Pay Commission recommendations within three months. No order as to costs.
Law Points
- Pay revision
- government aided schools
- 7th Pay Commission
- parity in pay scales
- right to equal pay for equal work
- Article 14
- Article 21
- Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act
- 1977
