Case Note & Summary
The petitioners, five teachers, were initially appointed as Assistant Teachers on the unaided division of Respondent Nos. 4 and 5 schools on 01.02.2013, following due procedure against clear and vacant sanctioned posts. Their appointments were approved by Respondent No. 2 (Education Officer) on 14.08.2013. Subsequently, five posts of Assistant Teacher on 100% aided basis became vacant due to retirement or superannuation of permanent teachers. Considering the seniority of the petitioners on unaided posts, Respondent No. 3 transferred them to these aided posts on various dates: Petitioner Nos. 1, 2, 4, and 5 from 15.06.2018, and Petitioner No. 3 from 01.10.2016. The schools forwarded proposals for approval to Respondent No. 2. However, Respondent No. 2 granted approval to the transfers of Petitioner Nos. 1, 2, 4, and 5 on 20% grant-in-aid basis (as Shikshan Sevak) vide orders dated 20.12.2018, and to Petitioner No. 3 as Shikshan Sevak vide order dated 17.02.2018, relying on a Government Circular dated 28.06.2016. The petitioners contended that they had rendered service on unaided basis for over six years and were transferred to already sanctioned 100% aided posts, and thus were entitled to approval on 100% grant-in-aid in regular pay scales. The court held that the petitioners' prior service on unaided division must be considered, and the transfer to aided posts is a continuation of service, not a fresh appointment. The Government Circular dated 28.06.2016 regarding Shikshan Sevak is not applicable to such transfers within the same school establishment. The court allowed the petition, directing Respondent No. 2 to grant approval to the transfers on 100% grant-in-aid in regular pay scales from the respective dates of transfer and to release arrears of salary.
Headnote
A) Education Law - Transfer of Teachers - Entitlement to 100% Grant-in-Aid - Teachers initially appointed on unaided division and later transferred to aided posts in the same school are entitled to approval on 100% grant-in-aid in regular pay scales, as the posts were already sanctioned on 100% aided basis and the teachers had rendered prior service on unaided division. The Government Circular dated 28.06.2016 regarding Shikshan Sevak is not applicable to such transfers within the same school establishment. (Paras 3-5) B) Education Law - Prior Service on Unaided Division - Regular Pay Scale - The services rendered by teachers on unaided division for more than six years must be considered for their transfer to aided posts, and they cannot be treated as fresh appointees on Shikshan Sevak basis. The transfer is a continuation of service, not a fresh appointment. (Paras 4-5)
Issue of Consideration
Whether teachers initially appointed on unaided division and later transferred to aided posts in the same school are entitled to approval on 100% grant-in-aid in regular pay scales instead of being treated as Shikshan Sevak on 20% grant-in-aid.
Final Decision
The petition is allowed. Respondent No. 2 is directed to grant approval to the transfers of the petitioners on 100% grant-in-aid in regular pay scales from their respective dates of transfer and to release arrears of salary within a reasonable period.
Law Points
- Transfer of teachers from unaided to aided posts on same school establishment
- entitlement to 100% grant-in-aid
- prior service on unaided division counts for regular pay scale
- Government Circular dated 28.06.2016 not applicable to transfers within same school
