S MALLIKA Vs. DIRECTOR OF SCHOOL MATRICULATION EDUCATION

JUDGEMENT

(1.) The present writ petition has been filed seeking for a writ of mandamus directing the respondents to pay salary to the teachers at par with the salary payable in Government Schools and aided schools.

(2.) . Petitioner No.1 is the Principal and the petitioner No.2 is the Vice Principal and the other petitioners are working as B.Ed. School Assistants in Secretariat Colony Matriculation School (Respondent No.3). The aforesaid school is a recognised school administered by Madras Secretariat Co-operative Building society (Respondent No.4), a society registered under the Tamil Nadu Co-operative Societies Act. It is asserted by the petitioner that the school had earlier implemented the Pay Commission Reports and was paying salary at par with other school teachers employed in Government schools or aided schools. The school had also implemented VI Pay Commission Report from January, 2001 onwards. While the matter stood thus, the third respondent, in one of the loan applications stated old scale of pay as per V Pay Commission would be payable. On the query of the teaching staff, the President of the school informed that the teaching staff will not be paid salary at par with the Government schools or the aided schools as third respondent school was a self financing institution and was not in a position to pay the salary at par with the Government school teachers scale of pay. On these allegations, the petitioners have prayed for a direction regarding payment of salary to the teaching staff at par with the salary payable to the Government school teachers and the aided school teachers.

(3.) . An interim order had been passed while the writ petition was admited. Subsequently, the respondents 3 & 4 have filed a petition for vacating the order of status quo. A counter affidavit has also been filed on behalf of them. In the counter affidavit it has been indicated that the third respondent school is managed by the fourth respondent Society, which is a co-operative society. It has been pointed out that the society has been instituted for the purpose of self-help and mutual benefit of all it s members, for the construction of residential houses and the school was started by the fourth respondent society. It has been indicated that the school cannot look for funds from the fourth respondent society for its maintenance and survival and it has to generate its own funds. It has been further indicated that the Registrar of Co-operative Societies on the basis of the representations made by the petitioner, had passed an order in Na.Ka.2170/2001/E1 dated 12.6.2001 sanctioning a pay scale of Rs.6500-200-11100 for the principal and Rs.5000-150-8000 for a Vice Principal and other B.T. Assistants. He had further imposed a condition that the said pay scale should not affect the assets of the fourth respondent society and its income from other sources. The Special Officer passed a further resolution stating that the pay scale fixed for the teachers in Government schools would be paid to the teachers of the third respondent school. It is contended that such resolution by the Special Officer is null and void. It has been further indicated that after the resolution has been passed by the Special Officer, representation has been made on behalf of the Society before the Registrar of Co-operative Societies indicating that the pay scale at par with the Government teachers as per the resolution passed by the Special Officer should not be made applicable in view of the financial condition. It has been further indicated that a society has been formed in the name and style of The Madras Secretariat Colony Educational and Welfare Society, Registration No.152/2001 with a view to taking over the administration of the third respondent school from the fourth respondent society. It has been indicated that no writ petition is maintainable against a Co-operative Society.