Case Note & Summary
The judgment involves four writ petitions filed by librarians working in private aided schools in Maharashtra, seeking the benefit of the pay scale of trained graduate teachers as per Government Resolution dated 30.04.1998. The petitioners, including Prakash Uddhavrao Taksande, Sanjay Bhanchandra Agashe, Manjusha Vilas Atre, Sucheta Kamlakar Ayachit, Uttam Bajirao Sambhe, and Chandrashekhar Bhauraoji Bachale, were employed as librarians in various schools. They contended that despite being qualified and performing duties similar to trained graduate teachers, they were being paid lower salaries. The respondents, including the State of Maharashtra and the respective schools, opposed the petitions, arguing that the Government Resolution did not apply to librarians. The court examined the Government Resolution dated 30.04.1998, which explicitly states that librarians in private aided schools are entitled to the pay scale of trained graduate teachers. The court also considered the provisions of the Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977, which governs the service conditions of employees in private schools. The court held that the resolution is clear and unambiguous, and librarians are entitled to the same pay scale and benefits as trained graduate teachers. The court rejected the respondents' arguments, noting that the resolution was issued after due consideration and applies to all librarians in aided schools. The court directed the respondents to fix the petitioners' salaries in the pay scale of trained graduate teachers and pay arrears from the date of entitlement within three months. The petitions were allowed with no order as to costs.
Headnote
A) Service Law - Pay Scale - Librarians - Entitlement to pay scale of trained graduate teachers - Government Resolution dated 30.04.1998 - The issue was whether librarians in private aided schools are entitled to the pay scale of trained graduate teachers as per the Government Resolution dated 30.04.1998. The court held that the resolution applies to librarians and they are entitled to the same pay scale and benefits as trained graduate teachers, relying on the principle of equal pay for equal work and the provisions of the Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977. (Paras 1-10) B) Service Law - Salary Fixation - Arrears - The court directed the respondents to fix the petitioners' salaries in the pay scale of trained graduate teachers and pay arrears from the date of entitlement, within three months. (Paras 11-12)
Issue of Consideration
Whether librarians working in private aided schools are entitled to the pay scale and benefits as per the Government Resolution dated 30.04.1998, which grants the pay scale of trained graduate teachers to librarians?
Final Decision
The court allowed the writ petitions, directing the respondents to fix the petitioners' salaries in the pay scale of trained graduate teachers and pay arrears from the date of entitlement within three months. No order as to costs.
Law Points
- Librarians are entitled to pay scale of trained graduate teachers
- Government Resolution dated 30.04.1998 applies to librarians
- Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act
- 1977
- Section 5
