NAMDEO DYANOBA GARAD Vs. SUPERINTENDENT PAY DISTRIBUTION UNIT

JUDGEMENT

(1.) THIS petition filed under Article 226 of the Constitution, assails the instructions issued by the Auditor in the department of respondent No. 5, reducing the pay scale of the petitioner from Rs. 600-1030 to Rs. 500-900 on 31-1-1986.

(2.) THE petitioner was initially appointed under the respondent No. 3 with effect from 1-7-1968 on the basis of his S. C. C. qualification, though he was, at the relevant time, prosecuting his studies in III year of B. Sc. course. He was brought in regular pay scale of Rs. 105-4-125 with effect from 1-1-1970 and he completed his diploma in Education (2 years course) in June, 1975. He passed his B. A. examination in 1976 and therefore, he was given the pay scale as applicable to the graduate trained teacher with effect from 13-6-1977. In May, 1978 the petitioner passed M. A. examination and as soon as the academic year 1978-79 commenced, he was called upon to teach in the secondary school and he was subsequently promoted as a lecturer in the Jr. College, run by the respondent No. 3, in the pay scale of Rs. 500-900, by the order dated 8-6-1981.

(3.) THE Government of Maharashtra issued a Government Resolution on 10-11-1982 and the pay scales of qualified Jr. College Teachers were revised from 500-900 to 600-1030 with effect from 1-6-1982. The benefit of this resolution was given to the petitioner. In due course, the petitioner has passed his B. Ed. degree in 1986. The Auditor in the office of the respondent No. 5 is of the view that the petitioner was not entitled for revised pay scale as he did not possess the graduate degree in Education and therefore, his pay scale was reduced and recovery was directed. It is also contended that the petitioner was entitled for revision in the pay scale only from the time he has passed his B. Ed. examination and for the intervening about four years period, he was not entitled for the revised pay scale i. e. w. e. f. 1-6-1982.