Case Note & Summary
The judgment concerns two writ petitions filed by assistant teachers working in private aided schools in Maharashtra. The petitioners sought directions to the respondents, including the State of Maharashtra and the school management, to pay them salary at the revised pay scales as per the government resolutions dated 01.01.1996 and 01.01.2006, which were applicable to government employees. The petitioners argued that under the Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977, they were entitled to parity in pay with government employees. The respondents opposed the petitions, contending that the government resolutions were not applicable to aided schools. The court analyzed the provisions of the Act and the government resolutions, and held that teachers in aided schools are entitled to the same pay scales as government employees. The court directed the respondents to pay the difference in salary with arrears to the petitioners. The judgment emphasizes the principle of equal pay for equal work and the applicability of government pay revisions to aided schools.
Headnote
A) Service Law - Pay Revision - Entitlement to Revised Pay Scales - Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977 - Sections 4, 5 - Petitioners, assistant teachers in private aided schools, claimed salary at revised pay scales as per Government Resolutions dated 01.01.1996 and 01.01.2006 - Court held that teachers in aided schools are entitled to same pay scales as government employees, and respondents must pay the difference with arrears - Held that the government resolutions are applicable to aided schools (Paras 1-10).
Issue of Consideration
Whether the petitioners, as assistant teachers in private aided schools, are entitled to salary at the revised pay scales as per the government resolutions applicable to government employees, and whether the respondents are liable to pay the difference in salary.
Final Decision
Writ petitions allowed; respondents directed to pay salary at revised pay scales with arrears
Law Points
- Pay revision
- parity in salary
- government resolution
- aided schools
- private schools
- Maharashtra Employees of Private Schools Act
- 1977
