Case Note & Summary
The petitioner, Shivaji s/o Sukdev Lawate, an Assistant Teacher at Shriman Chandulal Sheth High School, Khed, Ratnagiri, was promoted to the post of Shikshan Sevak (Assistant Teacher) on a regular pay scale. However, the Education Officer (Secondary), Zilla Parishad, Ratnagiri, relying on Clause 8 of the Government Resolution dated 10th June 2005, held that the petitioner was entitled only to honorarium for the initial three years of his promotional appointment. The petitioner challenged this order before the Bombay High Court, seeking a direction to grant him the regular pay scale applicable to the post of Assistant Teacher. The court examined the Government Resolution and noted that Clause 8 specifically deals with initial appointments of Shikshan Sevaks and provides for honorarium for the first three years. However, the court found that the petitioner's case was one of promotion, not initial appointment. The court held that the Government Resolution does not apply to promotions, and therefore, the petitioner was entitled to the regular pay scale from the date of his promotion. The court set aside the Education Officer's order and directed the respondents to grant the petitioner the regular pay scale with consequential benefits. The writ petition was allowed, and rule was made absolute.
Headnote
A) Service Law - Promotion - Pay Scale - Honorarium - Petitioner, an Assistant Teacher, was promoted to Shikshan Sevak post but was granted honorarium instead of regular pay scale for the initial three years by the Education Officer relying on Clause 8 of Government Resolution dated 10th June 2005 - Court held that Clause 8 applies only to initial appointments and not to promotions, and directed that the petitioner be granted regular pay scale from the date of promotion - Held that the Education Officer's order was erroneous and set aside (Paras 3-7).
Issue of Consideration
Whether a teacher promoted to the post of Shikshan Sevak (Assistant Teacher) is entitled to regular pay scale or only honorarium for the initial three years of such promotional appointment under Clause 8 of Government Resolution dated 10th June 2005.
Final Decision
The court allowed the writ petition, set aside the order of the Education Officer (Secondary), Zilla Parishad, Ratnagiri, and directed the respondents to grant the petitioner regular pay scale from the date of his promotion with consequential benefits. Rule made absolute.
Law Points
- Promotion to Shikshan Sevak post entitles teacher to regular pay scale
- not honorarium
- Government Resolution dated 10th June 2005 Clause 8 applies only to initial appointments
- not promotions
- Education Officer's reliance on Clause 8 for promotional period is erroneous
