Case Note & Summary
The petitioner, Shamrao s/o Gyanbarao Bagate, filed a writ petition before the Bombay High Court at Aurangabad seeking a direction to the respondent no.2 (Zilla Parishad, Nanded) to grant him the pay scale of Trained Graduate Primary Teacher from the date of his initial appointment and to pay the arrears of salary. The petitioner was appointed as an Assistant Teacher on 16.06.1993 in Swami Ramanand Tirth Primary School, Nava Mondha, Nanded, possessing B.A., B.Ed., and D.Ed. qualifications. Initially, he was appointed in the pay scale of graduate primary teacher. On 27.08.2014, the Education Officer (Primary), Zilla Parishad, Nanded issued an order granting him the pay scale of Trained Graduate Primary Teacher. However, this order was subsequently cancelled by an order dated 11.11.2014. The petitioner challenged the cancellation order and sought restoration of the earlier order. The court, after hearing the parties, held that the petitioner is entitled to the pay scale of Trained Graduate Primary Teacher from the date of his initial appointment. The court directed the respondent no.2 to grant the said pay scale and pay the arrears of salary accordingly. The impugned order dated 11.11.2014 was quashed and set aside. The petition was allowed with no order as to costs.
Headnote
A) Service Law - Pay Scale - Trained Graduate Primary Teacher - Entitlement from Date of Initial Appointment - The petitioner, possessing B.A., B.Ed., and D.Ed. qualifications, was appointed as an Assistant Teacher on 16.06.1993 in the pay scale of graduate primary teacher. The respondent no.2 initially granted the pay scale of Trained Graduate Primary Teacher vide order dated 27.08.2014 but subsequently cancelled it by order dated 11.11.2014. The court held that the petitioner is entitled to the pay scale of Trained Graduate Primary Teacher from the date of his initial appointment and directed the respondent no.2 to grant the said pay scale and pay arrears accordingly. (Paras 3-4)
Issue of Consideration
Whether the petitioner is entitled to the pay scale of Trained Graduate Primary Teacher from the date of his initial appointment and whether the impugned order cancelling the earlier order granting such pay scale is valid.
Final Decision
The petition is allowed. The impugned order/letter dated 11.11.2014 is quashed and set aside. The respondent no.2 is directed to grant the pay scale of Trained Graduate Primary Teacher to the petitioner from the date of his initial appointment and to pay the arrears of salary admissible to a trained graduate primary teacher from the date of his initial appointment. Rule made absolute accordingly. No order as to costs.
Law Points
- Pay scale entitlement
- Trained Graduate Primary Teacher
- initial appointment date
- arrears of salary
- writ of mandamus
