Case Note & Summary
The petitioner, Rajeshwar Laxman Waghmare, was a non-teaching employee (Peon) at Bharat Madhyamik Va Uchh Madhyamik Vidyalaya, Makhani, run by Bharat Shikshan Sanstha. He acquired M.A., B.Ed. qualifications while in service. Upon superannuation of one Mr. D.P. Chavan, a vacancy for an aided Assistant Teacher post arose. The petitioner applied, and being the only applicant from among the school's employees, the management resolved to promote him. He was appointed as Shikshan Sevak by promotion on 01.10.2021. When the school management sought approval from the Education Officer (Secondary), Zilla Parishad, Dharashiv, the officer granted approval but only on honorarium basis for the initial three years, refusing regular pay scale. The petitioner challenged this refusal before the Bombay High Court, Aurangabad Bench. The court considered whether a Shikshan Sevak appointed by promotion is entitled to regular pay scale from the start. The court noted that the Education Officer's distinction between direct recruits and promotees for pay scale was not supported by any statutory provision or government resolution. The court held that the petitioner, having been appointed as Shikshan Sevak, is entitled to regular pay scale from the date of appointment. The court set aside the Education Officer's order to the extent it denied regular pay scale for the initial three years and directed the respondents to grant regular pay scale to the petitioner from 01.10.2021 with consequential benefits.
Headnote
A) Service Law - Shikshan Sevak - Regular Pay Scale - Promotion from Non-Teaching Post - Petitioner, a peon, was promoted as Shikshan Sevak (Assistant Teacher) on 01.10.2021 - Education Officer refused to grant regular pay scale for initial three years, offering only honorarium - Court held that the distinction between direct recruits and promotees for pay scale is not justified - Petitioner entitled to regular pay scale from date of appointment - Held that the Education Officer's refusal was arbitrary and set aside (Paras 1-10).
Issue of Consideration
Whether a Shikshan Sevak appointed by promotion from a non-teaching post is entitled to regular pay scale for the initial three years of service instead of honorarium.
Final Decision
The petition is allowed. The order of the Education Officer (Secondary), Zilla Parishad, Dharashiv to the extent of denying regular pay scale for the initial three years is set aside. The respondents are directed to grant regular pay scale to the petitioner from the date of his appointment i.e. 01.10.2021 and to pay consequential benefits within three months.
Law Points
- Regular pay scale for Shikshan Sevak
- Promotion from non-teaching post
- Initial three years
- Education Officer's approval
- Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act
- 1977
