Case Note & Summary
The petitioners, Vilas Dashrath Mali and Gangurde Bhagwan Yashwant, filed two writ petitions before the Bombay High Court challenging the conversion of their posts from Assistant Teacher to Shikshan Sevak with effect from 13.06.2000. They were appointed on 01.08.1997 as Assistant Teachers on a purely temporary basis for two years in leave deputation vacancies, belonging to the OBC category. The appointment orders stated that after expiry of the period, their services would stand terminated. However, the respondent No.3 granted approval to their appointments as Assistant Teachers in the pay scale of Rs.1400-2600 for one year, citing a backlog of ST and NT candidates. The petitioners continued from year to year without agitating their grievance. In 2000, the Shikshan Sevak scheme was implemented, and the petitioners were appointed as Shikshan Sevak under the new scheme. Subsequently, the scheme was amended pursuant to directions of a Division Bench of the Bombay High Court, and a Government Resolution was issued clarifying that the Shikshan Sevak scheme is inapplicable to teachers working on temporary basis against reserved posts of backward classes, and they shall continue to receive salary as per MEPS rules until selected candidates are available or the teacher is absorbed. The petitioners contended that their conversion to Shikshan Sevak was erroneous and contrary to the Government Resolution. The court, after hearing the parties, allowed the petitions, quashed the conversion orders, and directed the respondents to treat the petitioners as Assistant Teachers and pay them salary accordingly.
Headnote
A) Service Law - Shikshan Sevak Scheme - Applicability to Temporary Teachers - Government Resolution dated 29.10.2005 - The petitioners, appointed as Assistant Teachers on temporary basis against reserved posts, were converted to Shikshan Sevak in 2000. The amended Government Resolution clarified that the Shikshan Sevak scheme is inapplicable to teachers working on temporary basis against reserved posts of backward classes, and they shall continue to receive salary as per MEPS rules until selected candidates are available or the teacher is absorbed. The court held that the conversion was erroneous and set aside the same, directing the respondents to treat the petitioners as Assistant Teachers and pay salary accordingly. (Paras 3-4)
Issue of Consideration
Whether the conversion of petitioners from Assistant Teacher to Shikshan Sevak with effect from 13.06.2000 was valid in light of the amended Government Resolution which excluded temporary teachers appointed against reserved posts from the Shikshan Sevak scheme.
Final Decision
The court allowed the writ petitions, quashed the conversion orders, and directed the respondents to treat the petitioners as Assistant Teachers and pay them salary accordingly.
Law Points
- Government Resolution inapplicable to temporary teachers against reserved posts
- Shikshan Sevak scheme not applicable to teachers appointed against backlog vacancies
- MEPS rules continue to apply
