Case Note & Summary
The petitioner, Smt. Bhise Shakuntala Kisan, was appointed as a teacher in a school run by Mahatma Phule Vidya Niketan Sanstha's Dnyan Prabodhini Prathamik Vidya Mandir. She possessed a B.Sc. degree obtained in 1987 and a B.Ed. degree obtained in 1989. Initially, she was placed in the pay scale of Rs.1200-2040 with approval from the Education Officer from 1st June, 1993. On 1st June, 1995, she was placed in the scale of Rs.1400-2600, which is the scale for graduate teachers, and approval was sought. However, on 23rd January, 1998, the Education Officer informed the management that the petitioner should be placed in the scale of Rs.975-1600 with effect from 1st January, 1998, which is the scale for untrained teachers. Aggrieved by this order, the petitioner filed the present writ petition. The court considered the issue of whether the petitioner, being a trained graduate teacher, was entitled to the higher pay scale. The court noted that the petitioner had acquired B.Ed. in 1989 and was therefore a trained teacher. The court held that the Education Officer's order reducing her pay scale to that of an untrained teacher was unsustainable. The court allowed the petition, quashed the impugned order dated 23rd January, 1998, and directed that the petitioner be placed in the appropriate pay scale of a trained graduate teacher with effect from 1st January, 1998, and be paid consequential benefits.
Headnote
A) Service Law - Pay Scale - Trained Graduate Teacher - Entitlement - Petitioner, a graduate with B.Ed., was initially placed in scale Rs.1200-2040 and later in scale Rs.1400-2600 for graduate teachers - Education Officer subsequently directed placement in scale Rs.975-1600 for untrained teachers - Court held that petitioner, being a trained graduate, was entitled to the higher scale and set aside the impugned order - Held that the Education Officer's order was unsustainable (Paras 1-3).
Issue of Consideration
Whether the petitioner, who possessed B.Sc. and B.Ed. qualifications, was entitled to the pay scale of a trained graduate teacher (Rs.1400-2600) instead of the scale of an untrained teacher (Rs.975-1600) from 1st January, 1998.
Final Decision
The petition is allowed. The impugned order dated 23rd January, 1998 is quashed and set aside. The respondents are directed to place the petitioner in the appropriate pay scale of a trained graduate teacher with effect from 1st January, 1998 and pay consequential benefits.
Law Points
- Pay scale of trained graduate teacher
- distinction between trained and untrained teachers
- entitlement to higher pay scale based on qualifications
- approval of pay scale by education authorities
