Case Note & Summary
The petitioners, qualified permanent teachers working in the fifth respondent school, an unaided private secondary English medium school recognized by the Government of Maharashtra, filed a writ petition under Article 226 of the Constitution of India. They sought a direction to respondent Nos. 5 and 6 (the school and its management) to pay salary and other allowances as per the scales prescribed under Rule 7 of the Maharashtra Employees of Private Schools (Conditions of Service) Rules, 1981, and in accordance with the reports of the 5th and 6th Pay Commissions, including arrears and difference in salary due to revision of scales. The petitioners were governed by the Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977 and the Rules of 1981. The 5th Pay Commission report was implemented with effect from 1/1/1996, but the school did not implement it fully, paying only a slight increase. The petitioners repeatedly requested the school to pay salary according to the prescribed scales. The court considered the applicability of the Act and Rules to unaided private schools and held that the school is bound to pay salary in accordance with the prescribed scales and Pay Commission reports. The court directed the respondent school to pay the petitioners' salary as per Rule 7 and the 5th and 6th Pay Commission reports, with arrears, within a specified period.
Headnote
A) Service Law - Salary Fixation - Pay Commission Reports - Rule 7 of Maharashtra Employees of Private Schools (Conditions of Service) Rules, 1981 - The petitioners, permanent teachers in an unaided private school, sought direction to respondent school to pay salary as per Rule 7 and 5th and 6th Pay Commission reports. The court held that the school is bound to pay salary in accordance with the prescribed scales and Pay Commission reports, as the Act and Rules apply to all recognized private schools, whether aided or unaided. (Paras 1-14)
Issue of Consideration
Whether the petitioners, teachers in an unaided private school, are entitled to salary as per the scales prescribed under Rule 7 of the Maharashtra Employees of Private Schools (Conditions of Service) Rules, 1981 and in accordance with the 5th and 6th Pay Commission reports.
Final Decision
The court allowed the petition and directed respondent Nos. 5 and 6 to pay the petitioners' salary as per Rule 7 of the MEPS Rules, 1981 and in accordance with the 5th and 6th Pay Commission reports, including arrears, within a specified period.
Law Points
- Salary fixation under Rule 7 of MEPS Rules
- 1981
- Implementation of Pay Commission reports
- Applicability of MEPS Act to unaided private schools
