VIRENDRABALA J TRIVEDI Vs. CHHOTADUDEPUR NAGAR PALIKA

JUDGEMENT

(1.) LEAVE to join Director of Municipalities as well as Director of Primary Education, State of Gujarat as party respondents No. 2 and 3. Notice of rule to the newly added parties. Shri Dipen Desai, learned AGP is directed to accept the notice on behalf of newly added party respondents No. 2 and 3.

(2.) BY way of this petition under Article 226 of the Constitution of India respective petitioners serving as Tedagars/Teachers in the Bal Mandir run by the respondent -Nagarpalika have prayed for an appropriate writ, direction, order directing the respondent -Nagarpalika to place the petitioners in the pay scale of 950 -1400 for Teachers and 750 -1100 for Tedagars and to give them all the benefits admissible to the regular confirmed employees. It appears from the record that so far that petitioner No.1 is concerned she has already accepted voluntary retirement, petitioner Nos. 2 and 4 are serving as Tedagars and petitioner Nos. 3, 5 and 6 are serving as Teachers.

(3.) AN affidavit -in -reply is filed on behalf of respondent No.1 -Nagarpalika pointing out that there are no sanctioned post of Tedagars and Teachers sanctioned by the State Government/Director of Municipalities of Tedagar and Teachers so far as Bal Mandirs run by the respondent -Nagarpalika is concerned. It is also further submitted in the reply that even the appointments of the Teachers were not made after following due procedure of selection and according to the Nagarpalika their appointments are back door entries. It is submitted that in absence of any sanctioned post the petitioners cannot be made permanent and they are also not entitled to regular pay scale which is available to the regularly appointed and confirmed employees. Considering the affidavit -in -reply the petitioners cannot be put in the pay scale of Rs.950 -1400 for Teachers and 750 -1100 for Tedagars and as the appointments of the Teachers are not on sanctioned posts and/or after following due procedure of selection they are not entitled to the benefits admissible to the regular confirmed employees.