Maharashtra Rajya Padvidhar ... vs State Of Maharashtra And Ors.
2003 Latest Caselaw 668 Bom

JUDGMENT

B.H. Marlapalle, J.

1. The petitioners are aggrieved by the decision as reflected in the communication dated 7th/13th June, 1991 addressed by the Zilla Parishad, Jalna to the Deputy Secretary in the Rural Department of the Government of Maharashtra regarding the fixation of pay scales of the trained teachers in primary schools based on the Government Resolution dated 2nd September, 1989 i.e. implementation of the Chatopadhyaya report pursuant to the directions issued by the Government of India.

2. The petitioner claims that it is a registered association of teachers and has been recognised by the Government of Maharashtra vide communication dated 16th November, 1988 as a representative of graduate teachers in primary schools all over the State. The pay scales of the primary school teachers were originally set out under the Maharashtra Employees of Private Schools Rules, 1981 (the Rules, for short) and the said rules are applicable to the teachers in aided as well as unaided primary schools in view of the provisions of Section 3 of the Maharashtra Employees of Private Schools Act, 1977 (the Act, for short). Schedule "C" to the said Rules deals with the pay scales of primary school head masters and teachers. In the primary schools the Assistant Teachers were of two categories viz. those who possessed the qualifications of S.S.C. + D.Ed. (two years course or any other equivalent training qualifications as recognised by the State Government) and graduate + D.Ed. (Graduate of any faculty and training qualifications equivalent to D.Ed. of two years course, as recognised by the State Government). However, the pay scales of both these groups were uniform i.e. Rs. 290-540, and the pay scales of the Head Master of a school which had 600 or more students was Rs. 365-760 because such a Head Master was required to possess the qualifications of graduation plus D.Ed. and thus on promotion from the post of Assistant Teacher, he would be shifted from the pay scale of Rs. 290-540 to Rs. 365-760.

3. The Government of Maharashtra issued a resolution on 14th November, 1979 and laid down that for those primary schools, which were conducting the classes upto 7th standard. 25% of teachers, as required for 5th to 7th standards, would be given the higher pay scale of Rs. 365-760. If they possessed the qualifications of graduation + D.Ed. Thus, the benefit of higher pay scale was available only to those teachers who possessed the qualifications of graduation + D.Ed. and could be found eligible in the 25% quota and not to every teacher possessing such qualifications.

4. By implementation of the Fourth Pay Commission, the Government of Maharashtra revised the pay scales of school teachers with effect from 1st November, 1986 and the pay scale of Rs. 290-540 was upgraded to Rs. 1200-2040. Whereas, the pay scale of Rs. 365-760 was upgraded to Rs. 1400-2600. As a result, the primary school teachers, who possessed the qualifications of S.S.C. + D.Ed., came to be fitted in the pay scale of Rs. 1200-2040 with effect from 1st January, 1986 and those primary school teachers who possessed the qualifications of graduation + D.Ed. and were the beneficiaries of the 1979 scheme were fitted in the pay scale of Rs. 1400-2600 which pay scale was also applicable to the Head Master of such primary schools. Nonetheless the trained primary teachers who possessed the qualifications of graduation + D.Ed. but did not get the benefit of the 1979 scheme, remained in the pay scale of Rs. 1200-2040 and they could not get the benefit of the pay scale of Rs. 1400-2600 and, therefore, there were two different classes of similarly placed primary trained teachers, the first being the category of the beneficiaries of 1979 scheme and the second category being of those who did not get the benefits of the said scheme.

5. The Government of Maharashtra, vide Government Resolution dated 2nd September, 1989 implemented the recommendations of Prof. D. P. Chatopadhyaya Committee and fixed the pay scales of all primary school teachers in three tiers viz. (a) original grade, (b) senior grade and (c) selection grade. The same along with the pay scales, could be demonstrated as under :

Sr. No. Qualifications Old Scale New Scale

1. S.S.C. + D.Ed.

290-540 1200-2040 (Original Grade) 1400-2600 (Senior Grade) 1640-2900 (Selection Grade)

2. Graduation + D.Ed. (without benefit of 1979 scheme) 290-540 1200-2040 (Original Grade) 1400-2600 (Senior Grade) 1640-2900 (Selection Grade)

3. Graduation + D.Ed. (with the benefit of 1979 scheme) 365-760 1400-2600 (Original Grade) 1640-2900 (Senior Grade) 2000-3500 (Selection Grade)

4. Head Master (with students strength 500+) 365-760 1400-2600 (Original Grade) 1640-2900 (Senior Grade) 2000-3500 (Selection Grade)

5. Head Master (200 + students with 1st to 7th standards, without graduation degree) 335-680 1400-2600 (Original Grade) 1640-2900 (Senior Grade) 2000-3500 (Selection Grade)

6. Head Master for all other schools 290-540 1200-2040 (Original Grade) 1400-2600 (Senior Grade) 1640-2900 (Selection Grade)

6. The communication dated 7th/13th June, 1991 addressed by the Jalna Zilla Parishad to the Department of Rural Development, stated that the graduate + D.Ed. teachers shall be entitled to get the benefit of Senior Grade of Rs. 1600-2900 only on completion of twelve years of service in the pay scale of Rs. 1400-2600 [Old scale Rs. 365-760]. This has been objected to by the petitioners contending that it amounts to discrimination and thus violates the guarantee of equality provided under Articles 14 and 16 of the Constitution.

7. To our mind, this communication only clarified that the primary school teachers with the qualifications of graduation + D.Ed. will be entitled for the Senior Grade only on completion of twelve years service in the original grade which means Rs. 1400-2600 or Rs. 365-760 and this would be available, to them only when they were granted the benefit of the 1979 scheme. The graduate teachers with D.Ed. qualifications, who were denied or could not get the benefit of the 1979 scheme, for any reasons, their original grade, as per the Government Resolution dated 2nd September, 1989 was fixed at Rs, 1200-2040 and not at Rs. 1400-2600. This group of graduate plus D.Ed. teachers, who did not get the benefit of 1979 scheme, are entitled for the Senior Grade of Rs. 1400-2600 on completion of twelve years service in the original grade i.e. Rs. 1200-2040 (Old scale Rs. 290-540). This fitment, as indicated in the said communication, does not amount to any discrimination and more so when the first group of graduation + D.Ed. teachers has been given the original scale of Rs. 1200-2040 and the second group of graduation + D.Ed. teachers, who were the beneficiaries of the 1979 scheme, has been given the original scale of Rs. 1400-2600. This could be explained more elaborately by referring to the following example.

8. Take a primary school running classes from 1st to 7th standards and with a total strength of 18 teachers. From 1st to 4th standards the teachers strength required is 10 and from 5th to 7th standards the teachers strength required is 8. These all 8 teachers, who are teaching the classes from 5th to 7th standards, are graduate + D.Ed. As per the 1979 scheme only 2 of them will be considered in the 25% quota and the remaining 6 would remain in the pay scale of Rs. 290-540 or Rs. 1200-2040, whereas the 2 teachers, who get the benefit of the 1979 scheme, would get the pay scale of Rs. 365-760 or Rs. 1400-2600 with effect from the date mentioned in the Government Resolution dated 14th November, 1979. The said 2 teachers would be entitled to earn the senior grade of Rs. 1600-2900, after they complete twelve years of service in the original grade i.e. Rs. 365-760 which is equivalent to Rs. 1400-2600. Whereas, the other 6 teachers would get the senior grade of Rs. 1400-2600 on completion of twelve years service in the original grade of Rs. 290-540 or Rs. 1200-2040 and they would be qualified to get the selection grade of Rs. 1600-2900 after putting in twelve years of service in the senior grade. As against this, the 2 teachers would be entitled to get the senior grade of Rs. 1600-2900 on completion of twelve years of service i.e. sometimes in 1991 and further the selection grade of Rs. 2000-3500 on completion of twelve years of service in the senior grade i.e. from 1991 onwards. Thus, there is no discrimination to any group of teachers by implementation of the Chatopadhyaya Committee Report as per the rules/guidelines set out in the Government Resolution dated 2nd September, 1989. The communication, which has been taken exception to, and as forwarded by the Jalna Zilla Parishad, only clarified this position that the graduation + D.Ed. teachers who are the beneficiaries of the 1979 scheme shall be entitled for the senior grade pay scale on completion of twelve years of service from the date they got the benefit of the said scheme and nothing further. If a graduation + D.Ed. primary teacher received the benefits of the 1979 scheme in the year 1983, he would be qualified for getting the selection grade on completion of twelve years service from 1995 onwards.

9. On considering the resolution dated 2nd September, 1989 read with the earlier resolution dated 14th November, 1979 we have no hesitation to hold that none of these Government Resolutions violated the guarantee of equality as set out under Articles 14 and 16 of the Constitution and the prayer of the petitioner association to grant the senior pay scale of Rs. 1640-2900 in favour of all the graduate + D.Ed. primary teachers irrespective of length of service is bereft of substance inasmuch as such a prayer, if granted, would nullify the scheme announced by the State Government vide the Resolution dated 14th November, 1979.

10. In the result, the petition fails and the same is hereby dismissed. Rule discharged. No costs.