UNION OF INDIA TEJRAM PARASHRAMJI BOMBHATE Vs. TEJRAM PARASHRAMJI BOMBHATE:ORDNANCE FACTORY AMBAZARI NAGPUR

JUDGEMENT

(1.) To cater to the educational needs of children of persons employed in the Ordnance Factory at Ambazari the Central Government has sanctioned and is running a Primary School from Classes 1 to V. In the same premises, the employees of the Ordnance Factory, by their own arrangement are also having a Secondary School with Classes VI to X. They have appointed the respondents as teachers in the Secondary School. They are paid honorarium and not full salary. Their honorarium is palm out of fees from the children and other donations received by the school. The respondents, however, approached the Central Administrative Tribunal seeking regularisation of their services and demanding equal pay for equal work. The Tribunal has allowed their claim with certain directions to the appellants including the Union of India. The directions issued by the Tribunal are as follows:

(2.) The Union of India and the officers of the ordnance factory have challenged the validity of these directions in Civil Appea No. 233/ 1991. The respondents who have not been recruited as per the directions of the Tribunal have preferred Civil Appeal No. 480 / 1989.

(3.) We have considered the submissions of counsel on both sides in the light of the naterial on record. At the outset we may I point out that there is no evidence that the respondents were appointed as teachers on honorarium by or on behalf of the Central Government. There is also no evidence that the respondents were initially appointed in the Primary School and later they were snifted to the Secondary School. The fact, however, remains that when the respondents moved the Tribunal for reliefs they were only teaching in the Secondary School. It is undisputed that the Central Government has not sanctioned the Secondary School nor created any posts thereto. The Central Government has only sanctioned the Primary School and the posts connected therewith. Those posts are being occupied by regularly recruited teachers.