Shri Dattatraya Wamanrao Mhaske vs The Headmaster, Nutan Trambak ...
2006 Latest Caselaw 484 Bom

JUDGMENT

B.H. Marlapalle, J.

Page 2035

1. In this petition filed under Articles 226 and of the Constitution, the petitioner has challenged the orders dated 27th November 1991 and 22nd December 1993 passed by the 4th respondent directing the petitioner to be placed in the pay scale of Rs.1400 -2600 + Rs.125 per month while he was retained as an Assistant Teacher in higher secondary school and junior college i.e. Nutan Trimbak Vidyalaya and Junior College, Trimbakeshwar, Dist. Nashik. The petitioner further prays for directions to hold that he was entitled to be paid salary in the pay scale of Rs.2000 -3200 right from the date of his appointment as Asst. Teacher in the junior college and for directions to pay the arrears.

2. The undisputed facts briefly stated are that the petitioner obtained his STC qualifications in 1962 and came to be appointed as an Asst. Teacher in J.V. Yevla school run by the respondent no.1-Trust with effect from 25-6-1962. He obtained his B.A. degree in 1974 and M.A. degree with second class in the year 1982. On 29/9/1982 he was promoted Page 2036 and transferred to the junior college in pay scale of Rs.600 -1040 which was the pay scale fixed for the Asst. Teachers working in the junior colleges at the relevant time. From 1/10/1986 i.e. consequent to the implementation of the Fourth Pay Commission recommendations the petitioner's salary was revised and fixed in the pay scale of RS.2000-3200 and the same was approved by the respondent no.4. He continued to receive his salary in the said pay scale till November 1991. However, by the impugned order dated 27/11/1991 he was reverted in the lower pay scale as referred to hereinabove and an amount of Rs.70,000/-was directed to be recovered from him, by Respondent No. 4 vide his order dated 23/12/1993. The petitioner claims that he had submitted various representations to the authorities on 6/1/1992, 15/4/1993, 10/9/1993, 6/11/1993, 10/11/1994, 13/1/1994, 23/3/1995 and 5/7/1995 and finally he had also filed a complaint with the Lokayukta on 27/6/1995. As a last resort this petition came to be filed.

3. The affidavit-in-reply filed by the Deputy Director of Education, Nashik Region states that by his letter dated 12/1/1993 the Deputy Director had sought guidance from the Director, Education regarding the petitioner's pay fixation and the Director by his letter dated 12/10/1993 advised that the petitioner did not hold the qualifications of B.Ed., Circular dated 5/2/1988 was not applicable to the teachers working in the junior colleges and it was necessary to have B.Ed. degree for being eligible for the pay scale of Rs.2000-3200. It was under these circumstances that the Deputy Director of Education addressed the letter dated 19/11/1993 to the school education department. It was stated that as the petitioner was possessing the qualification of STC, he was not eligible for the pay scale of Teacher in the Junior College. We do not find any support to the view taken by the Director, Education vide his communication dated 12/10/1993, if regard be had to the relevant provisions in the MEPS Rules, 1981.

4. There is no dispute that the petitioner has been placed in Category "C" within the meaning of Schedule "F" to the MEPS Rules, 1981. As per the said guidelines for fixation of seniority of teachers in the secondary school, junior college classes attached to secondary schools etc., the graduate teachers with STC with STC / Dip.Ed. / Dip.T. (one year course) with 10 years post STC service etc. are treated on par with the graduate teachers with B.Ed. degree or its equivalent degree. Such a benefit has been granted to the petitioner way back in the year 1988 itself. Similarly Clause III in Schedule "B" to the MEPS Rules, 1981 deals with the qualifications for teachers in junior colleges and for full time teachers in such colleges, a Master's Degree of a statutory University in second class in the respective subjects plus B.Ed. or Diploma or Certificate in teaching approved by the department is the necessary qualification. The petitioner possesses the certificate in teaching i.e. STC and it is not the case of the respondents that the said STC has not been approved by the department. When the petitioner was placed in Category 'C' in 1988, it was obvious that the authorities were satisfied about the department's approval to the STC Page 2037 qualificiation of the petitioner. The opinion of the Director, Education is founded on the presumption that a teacher with STC qualifications is not eligible to be appointed as a teacher in the junior college unless he holds a B.Ed. degree. This view is contrary to the requirements of the Rules prescribing the educational requirements. Once the petitioner was brought into Category "C", he was entitled to be treated on par with B.Ed. degree holders and, therefore, it cannot be said that he was not qualified to be appointed as an Assistant Teacher in the junior college.

5. We have also noted that the petitioner's appointment was approved in the junior college in the pay scale of Rs.2000-3200 for the academic years 1982-83 to 1990-91 with the exception for the year 1987-88 and 1988-89. We have not been informed of any specific reason for denying the said pay scale during these two years and for the year 1991-92 onwards he was sought to be placed in the pay scale of Rs.1400-2600 + Rs.125 per month solely on the basis of the directions given by the Director, Education vide his communication dated 12th October 1993. The said communication is unsustainable.

6. We are informed that the petitioner has, during the pendency of the petition, retired on attaining the age of superannuation on 31st August 2000 and he was continued in the pay scale of Rs.1400 -2600 + Rs.125 per month till his retirement consequent to the impugned orders. The said decision is also unsustainable more so when it is not disputed that till his retirement he was Assistant Teacher in the junior college.

7. We, therefore, quash and set aside the communication dated 12/10/1993 addressed by the Director, Education to the Deputy Director of Education, Nashik Region at Nashik and make the Rule absolute in terms of prayer Clause (a) except the payment of interest on the amount of arrears that may be payable to the petitioner. We direct the Deputy Director of Education, Nashik Region, Nashik to calculate the petitioner's salary in the pay scale of Rs.2000-3200 from November 1991 onwards and pay him the arrears. Such an order shall be passed within a period of three months from today and the arrears shall be paid within two months thereafter. Needless to mention the pensionary benefits of the petitioner shall be re-fixed on the basis of the salary he would draw in August 2000 in the pay scale of Rs.2000-3200.

8. Costs in cause.