Case Note & Summary
The petitioner, Shekhar P. Deshmukh, was appointed as an Assistant Teacher in the respondent no.4 Junior College on 30th November 1998. His appointment was initially for the academic year 1998-99 on a fixed salary of Rs.5922 per month, and he was continued on similar terms in subsequent years. He was suspended on 6th December 2001 and terminated on 4th April 2006. The School Tribunal set aside the termination and ordered reinstatement, which was upheld by the High Court. The petitioner then sought approval of his services in the pay scale of 9300-34800 + Grade Pay of 4600 with effect from 1st February 2012, considering his past service from 30th November 1998. The impugned order dated 3rd March 2012 granted the pay scale only after completion of the Shikshan Sevak period, ignoring his past service. The court held that the past service as Shikshan Sevak must be counted for pay fixation, and directed the respondents to approve the petitioner's services in the prescribed pay scale with effect from 1st February 2012 and pay arrears from that date.
Headnote
A) Service Law - Pay Scale Fixation - Shikshan Sevak - Past Service - The petitioner, appointed as Assistant Teacher on 30th November 1998, was placed in the pay scale of 9300-34800 + Grade Pay of 4600 only after completion of Shikshan Sevak period, ignoring his past service. The court held that the past service rendered as Shikshan Sevak must be counted for pay fixation, and the impugned order was set aside. (Paras 1-20) B) Service Law - Approval of Appointment - Arrears - The court directed the respondents to approve the petitioner's services in the prescribed pay scale with effect from 1st February 2012 and pay arrears from that date, considering his past service from 30th November 1998. (Paras 1-20)
Issue of Consideration
Whether the petitioner, an Assistant Teacher, is entitled to be placed in the pay scale of 9300-34800 + Grade Pay of 4600 with effect from 1st February 2012, considering his past service as a Shikshan Sevak from 30th November 1998, and whether the impugned order dated 3rd March 2012 granting such pay scale only after completion of Shikshan Sevak period is valid.
Final Decision
The impugned order dated 3rd March 2012 is quashed and set aside. The respondents are directed to approve the petitioner's services in the prescribed pay scale with effect from 1st February 2012 and pay arrears from that date, considering his past service from 30th November 1998.
Law Points
- Pay scale fixation
- Shikshan Sevak
- past service
- approval of appointment
- arrears
- Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act
- 1977
