Case Note & Summary
The petitioner, Dinesh Babanrao Deshmukh, was serving as an Assistant Teacher in a school run by Zilla Parishad, Nagpur, and was granted the graduate pay scale with effect from 17.1.1990. He was transferred to a school run by Zilla Parishad, Wardha vide order dated 16.2.1991 under Rule 6(8) of the Maharashtra Zilla Parishad District Services (Recruitment) Rules, 1967. At Wardha, he continued to receive the graduate pay scale. However, the Chief Executive Officer of Zilla Parishad, Wardha (respondent no.3) issued an order dated 7.12.2009 treating the petitioner as an Assistant Teacher, thereby denying him the graduate pay scale. The petitioner challenged this order by way of a writ petition. The court noted that the facts were not in dispute: the petitioner was a graduate teacher, had been granted graduate pay scale at Nagpur, and was transferred to Wardha under Rule 6(8). The court interpreted Rule 6(8) to mean that upon transfer, the employee is appointed to a post in the district service of the transferee Zilla Parishad on such terms and conditions as may be mutually agreed. Since the petitioner was already holding the post of a graduate teacher with graduate pay scale, the transfer could not alter his entitlement. The court held that the impugned order was unsustainable and quashed it, directing the respondents to continue the petitioner in the graduate pay scale. The petition was allowed with no order as to costs.
Headnote
A) Service Law - Transfer of Teacher - Graduate Pay Scale - Rule 6(8) of Maharashtra Zilla Parishad District Services (Recruitment) Rules, 1967 - The petitioner, a graduate teacher, was granted graduate pay scale while serving in Zilla Parishad, Nagpur. Upon transfer to Zilla Parishad, Wardha under Rule 6(8), the respondent no.3 issued an order treating him as an Assistant Teacher and denying graduate pay scale. The court held that the transfer under Rule 6(8) does not alter the terms and conditions of service, including pay scale, and the petitioner is entitled to continue in the graduate pay scale. The impugned order was quashed and set aside. (Paras 2-5)
Issue of Consideration
Whether the petitioner, who was granted graduate pay scale while serving in Zilla Parishad, Nagpur, can be treated as an Assistant Teacher and denied graduate pay scale upon transfer to Zilla Parishad, Wardha under Rule 6(8) of the Maharashtra Zilla Parishad District Services (Recruitment) Rules, 1967.
Final Decision
The petition is allowed. The impugned order dated 7.12.2009 is quashed and set aside. The respondents are directed to continue the petitioner in the graduate pay scale. Rule made absolute. No order as to costs.
Law Points
- Graduate pay scale
- Transfer of teacher
- Reclassification
- Rule 6(8) of Maharashtra Zilla Parishad District Services (Recruitment) Rules
- 1967
- Entitlement to pay scale
