Case Note & Summary
The petitioner, Shrikant Adyaprasad Tiwari, filed a Writ Petition before the Bombay High Court seeking salary parity with regular teachers. He was appointed as a Shikshan Sevak in a primary school. The court noted that the issue was fully covered by two earlier decisions: Kondiba s/o. Dattarao Mirashe vs. State of Maharashtra and others (2003(2)Mh.L.J.432) and an unreported decision in Tukaram Tryambak Chaudhari vs. State of Maharashtra and others (Writ Petition No. 4632 of 1999 decided on 6.5.2004). In Kondiba's case, it was held that Shikshan Sevaks are entitled to salary at par with regular teachers from the date of their appointment. The court followed these precedents and allowed the petition, directing the respondents to pay the petitioner salary at par with regular teachers from the date of his appointment. The court also ordered that the arrears be paid within three months. The judgment was delivered by a Division Bench consisting of Justice R.M.S. Khandeparkar and Justice Naresh H. Patil on 17th August 2006.
Headnote
A) Service Law - Shikshan Sevak - Salary Parity - Shikshan Sevaks are entitled to salary at par with regular teachers from the date of their appointment - The court followed the decisions in Kondiba s/o. Dattarao Mirashe vs. State of Maharashtra and others [2003(2)Mh.L.J.432] and Tukaram Tryambak Chaudhari vs. State of Maharashtra and others (Writ Petition No. 4632 of 1999 decided on 6.5.2004) - Held that the matter is fully covered by those decisions and the petitioner is entitled to the same relief (Paras 1-3).
Issue of Consideration
Whether the petitioner, a Shikshan Sevak, is entitled to salary at par with regular teachers from the date of his appointment.
Final Decision
The Writ Petition is allowed. The respondents are directed to pay the petitioner salary at par with regular teachers from the date of his appointment. Arrears to be paid within three months.
Law Points
- Shikshan Sevaks are entitled to salary at par with regular teachers from date of appointment
- parity in pay scales
- applicability of earlier decisions to similar cases
