LAXMANGIRI SHIVGIRI GOSAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The facts of the case briefly stated are as follows: In Special Civil Application No. 728 of 1977 petitioner No. 1 joined service as a primary school teacher under District School Board Mehsana. With the formation of Gandhinagar District he was allotted and transferred in 1966 to Gandhinagar. With effect from 1st January 1973 he was placed in selection grade. Petitioner No. 2 joined service as a primary teacher in 1951 in the then State of Saurashtra. With the reorganization of States in 1956 he was absorbed in service by Surendranagar District School Board. In 1963 he was placed in selection grade. With effect from 11th January 1969 he was transferred to Gandhinagar. Both these petitioners had been serving in schools situated in villages in Gandhinagar District. In course of time they were transferred to Gandhinagar town. By a notification dated 16th September 1976 the Govt. has constituted two grades for primary teachers. One is the ordinary grade of Rs. 290-560 and another is the selection grade of Rs. 400-600. 20% of the total posts of primary teachers with 15 years service are reserved for selection grade. There are schools with higher strength of students and lesser strength of students and with 1st to 7th standards or less. It has therefore been provided that if a primary teacher is posted as the Head Master in a school which has standards I to VII and not less than 300 students he would be entitled to an allowance of Rs. 20.00 per month. It appears that junior teachers were posted in such schools and therefore they used to get Rs. 20.00 more per month. Senior teachers obviously felt aggrieved by this situation because they were not posted in such schools. Therefore there were complaints to the educational authorities for remedying such a situation. The Director of Education therefore issued a direction that postings to different schools should be made according to seniority. Seniority list as on 30th November 1975 for Gandhinagar was published by the Administrative Officer on 25th April 1976. It is the case of the petitioners that in that list petitioner No. 1 was at serial No. 74 petitioner No. 2 at serial No. 34 respondent No. 4 at serial No. 156 respondent No. 5 at serial No. 133 respondent No. 6 at serial No. 93. Indisputably the position of petitioners in the seniority list was correctly shown. On 1 June 1977 the District Development Officer made an order posting the Petitioners as Head Masters in schools with Standards I to VII and more than 300 students. They therefore became entitled to a special allowance of Rs. 20.00 per month. This order was approved by the administrative Officer. This order produced dis-satisfaction amongst those who were adversely affected by it. Therefore the Government made an order suspending the order of the District Development Officer. Ultimately the Government issued a direction to the District Education Committee Gandhinagar to cancel it. The implementation of the order made by the Government would have led to the petitioners being transferred to other schools which may or may not have Standards I to VII and students not less than 300. However the implementation of this order has been stayed by this Court during the pendency of this petition.

(2.) It is this order of the Government which is challenged by the petitioners in the petition.

(3.) The first contention raised before me by Mr. Mehta on behalf of the petitioners is that under the Bombay Primary Education Act 1947 (Bombay Act No. LXI of 1947) the State Government has no authority or power to issue such an order. The impugned order states that it has been issued under sec. 54 of the Bombay Primary Education Act. Mr. M. B. Shah who appears on behalf of the State Govt. has tried to justify it under sec. 10A. It is necessary therefore to consider the relative scopes of secs. 24 and 10A of the Bombay Primary Education Act 1947