JOSHI TUSHAR TANSUKHBHAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) On the ground of disparity in the pay scale, the petitioners who are serving as Shikshan Sahayak / Vahivati Sahayak / Sathi Sahayak in secondary / higher secondary schools have approached this Court by way of this petition.

(2.) The petitioners herein are serving in various Secondary Schools / Higher Secondary Schools as Shikshan Sahayak / Vahivati Sahayak / Sathi Sahayak, and by filing this petition, they are claiming parity, in the matter of pay scales with other employes, who, according to them, are similarly situated. Demand for "Equal Pay for Equal Work" is also pressed into service by the present petitioners on the ground that the petitioners are discharging the same functions and same duties at par with other secondary school employees, in the State, like assistant teacher, administration employee and peon. The principal grievance of the petitioners is that since the petitioners have been recruited after following the procedure prescribed under the Gujarat Secondary Education Act, 1972, by appointing them as Shikshan Sahayak, Vahivati Sahayak and Sathi Sahayak, they are required to be given same pay scale, which is given to the employees, like assistant teacher, administration employee and peon, who are also similarly recruited by following the procedure of Section 35 of the Gujarat Secondary Education Act and the Rules made thereunder.

(3.) In order to consider the grievance of the petitioners, the Scheme, under which the petitioners are appointed, is required to be considered. The State Government has framed a Scheme, by Resolution No.BMS 1199-741{2)-G dated 2.7.1999. The said Scheme is in relation to recruitment of Education Assistant, Administrative Assistant, and Co-assistant in private secondary / higher secondary schools. The Resolution is issued by the Education Department of the State of Gujarat. By Resolution dated 25.10.1989, the State Government decided to provide grant-in-aid to the private secondary / higher secondary schools, and, subsequently, formed a study group for the reconsideration in the said behalf in order to put control in the Government expenditure. Accordingly, the study group submitted its report to the State Government. By the said Resolution, the State Government accepted the recommendations of the study group and decided that recruitment of Educational Assistant, Administrative Assistant and Co-assistant in the private secondary schools / higher secondary schools will be made in the same method in which the recruitment of Assistant Teacher, Administration employee and Peon is being done at present (i.e. at the time when the Resolution is passed). After completing the term of five years, from the sixth year, the person, who is employed in the said way, will be given all admissible benefits in his pay scale and in this way, the employees mentioned in the above cadres will be made permanent as Assistant Teacher, Administration employee (Clerk), and Class IV employee (Peon). As per the Resolution, the Educational Assistant is to be paid Rs.4,000/- in the secondary section, Educational Assistant in the higher secondary section will be paid Rs.4,500/- and administrative assistant in the school is to be paid Rs.2,500/- and Co-assistant in the school will be paid Rs.1,500/- per month. This amount is to be treated as ad hoc Honorarium for five years, with a condition that they should render satisfactory services during the aforesaid period. By the introduction of the aforesaid scheme, the Government decided to make initial appointment of the concerned persons on the post of Educational Assistant, Administrative Assistant and Co-assistant, as the case may be, with a fixed honorarium attached to the post and after completion of five years' service satisfactorily, such person is to be absorbed as a regular teacher in the secondary / higher secondary school. So far as petitioners 1 to 14 herein are concerned, they were recruited as per the said scheme as Shikshan Sahayak (Education Assistant), and so far as petitioners 15 to 17 are concerned, they were recruited as Sathi Sahayak (Peon - Class IV employee). It is not in dispute that all these petitioners have been recruited as per the aforesaid scheme, which is introduced by way of Resolution dated 2.7.1999, which is at page 56 of the compilation (Annexure 'C' to the petition). It is required to be noted that the petitioners have been appointed after following the procedure prescribed under Section 35 of the Gujarat Secondary Education Act, and after having been selected on the aforesaid respective posts, they have been appointed in various secondary / higher secondary schools, as the case may be. After accepting their appointments on a fixed honorarium, as per the Resolution, now they have knocked the doors of this Court, with a prayer that they are discharging similar duty, like regularly recruited assistant teacher, administration employee and peon, as the case may be, in a school. According to the petitioners, on the principle of "Equal Pay for Equal Work", they should be given the same pay scale which is available to the teacher or peon or even other office clerk, etc., and the same pay scale should be given to them since they are discharging the same duty. It is also the say of the petitioners that the action of the State Government in giving them fixed honorarium of Rs.4,000/- / Rs.4,500/- / Rs.2,500/- / Rs.1,500/- is discriminatory and arbitrary and that once they have been recruited for discharging their duty, either as a teacher, as a Clerk or as a peon, as the case may be, they are required to be paid the same pay scale, which other teachers, peons and clerks are getting in the secondary schools. It is also the say of the petitioners that when they have undergone the same recruitment process, which is required to be undergone by teachers / peons / clerks, as per the provisions of the Secondary Education Act, there is no reason to give an appointment on a fixed honorarium for a period of five years. It is also prayed by the petitioners that, in any case, instead of keeping the petitioners and such other category of employees on a fixed honorarium for a period of five years, the said period may be curtailed, by reducing the period of five years to two years. This prayer is made in clause (B) of paragraph 31 of the petition. It is also the grievance of the petitioners that the aforesaid period of five years, after which regular posting is given to such category of employees, is not taken into account for the purpose of gratuity and other retiral dues of the employees and that the aforesaid period is also required to be considered at the time of calculating the total length of service of such employees for the purpose of getting retiral benefits.