LAWS(MAD)-2023-8-121

S. MATILDA BENEDICT Vs. SECRETARY, REGIONAL EDUCATIONAL OFFICER

Decided On August 07, 2023
S. Matilda Benedict Appellant
V/S
Secretary, Regional Educational Officer Respondents

JUDGEMENT

(1.) This Appeal has been directed against the Order passed by the learned Single Judge Bench, in exercising its power under Article 226 of the Constitution by dismissing the Writ Petition in W.P. No.30711 of 2003, dtd. 28/11/2014.

(2.) The Appellant herein stood as the Writ Petitioner. Her case is that, she is a Post Graduate in English with M.Ed. qualification and she joined in the Second Respondent-School on 18/6/1990 with ten years of previous experience in teaching High School students. The Second RespondentSchool is affiliated to the First Respondent Board and her pay was fixed at Rs.1,743.00 in the Pay Scale of Rs.1200.002040, which was the Pay Scale as fixed by the State Government. The Appellant/Petitioner was given appointment in the Second Respondent-School by an Appointment Order, dtd. 18/6/1990.

(3.) It is the further case of the Appellant/Petitioner that the service conditions of the Teacher working in the School affiliated to the CBSE Board are governed by the Affiliation Bye-laws framed by the First Respondent. As per Sec. 3(iii)(b) of the Affiliation Bye-laws, Salary and Allowances payable to the Teacher shall not be less than the corresponding category in the State Government Schools or as prescribed by the Government of India. It is the further case of the Appellant/Petitioner that the Second Respondent-School, even though fixed the Pay Scale for her while she joined the service of the School on par with the Teachers in the State Government Schools, however failed to follow the same in the next coming years.