Case Note & Summary
The petitioner, Shri Dattatraya Wamanrao Mhaske, filed a writ petition under Articles 226 and 227 of the Constitution challenging orders dated 27th November 1991 and 22nd December 1993 passed by the 4th respondent directing him to be placed in the pay scale of Rs.1400-2600 + Rs.125 per month while he was retained as an Assistant Teacher in higher secondary school and junior college, Nutan Trambak Vidyalaya and Junior College, Trimbakeshwar, Dist. Nashik. The petitioner sought directions to hold that he was entitled to be paid salary in the pay scale of Rs.2000-3200 right from the date of his appointment as Assistant Teacher in the junior college and for payment of arrears. The undisputed facts are that the petitioner obtained his STC qualifications in 1962 and was appointed as an Assistant Teacher in J.V. Yevla school run by the respondent no.1-Trust with effect from 25-6-1962. He obtained his B.A. degree in 1974 and M.A. degree with second class in 1982. On 29/9/1982 he was promoted and transferred to the respondent school as an Assistant Teacher in the junior college. The court considered the issue of pay scale entitlement and held that the petitioner was entitled to the higher pay scale of Rs.2000-3200 from the date of his appointment as Assistant Teacher in the junior college, relying on the Government Resolution dated 30-8-1985 and the provisions of the Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977. The court allowed the petition and directed the respondents to pay the petitioner salary in the pay scale of Rs.2000-3200 from the date of his appointment as Assistant Teacher in the junior college and to pay arrears accordingly.
Headnote
A) Service Law - Pay Scale - Entitlement to Higher Pay Scale - Assistant Teacher in Junior College - The petitioner, appointed as Assistant Teacher in a higher secondary school and junior college, claimed the pay scale of Rs.2000-3200 instead of Rs.1400-2600. The court held that the petitioner was entitled to the higher pay scale from the date of his appointment as Assistant Teacher in the junior college, relying on the Government Resolution dated 30-8-1985 and the provisions of the Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977. (Paras 1-2)
Issue of Consideration
Whether the petitioner, an Assistant Teacher in a higher secondary school and junior college, is entitled to the pay scale of Rs.2000-3200 instead of Rs.1400-2600 from the date of his appointment in the junior college.
Final Decision
The court allowed the petition and directed the respondents to pay the petitioner salary in the pay scale of Rs.2000-3200 from the date of his appointment as Assistant Teacher in the junior college and to pay arrears accordingly.
Law Points
- Pay scale entitlement
- Assistant Teacher
- Junior College
- Higher Secondary School
- Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act
- 1977
- Government Resolution dated 30-8-1985
