DHANARAJ LAKHAJI KAMBLE Vs. EDUCATION OFFICER ZILLA PARISHAD

JUDGEMENT

(1.) THE petitioner has filed this petition under Articles 226 and 227 of the Constitution of India and is seeking an appropriate writ order and directions, directing the respondents to revise the pay scale of the petitioner in the category of High School Teacher since 1976 as per Schedule C, Part II (sic III), Entry No. 10 of the Maharashtra Employees of Private Schools (Conditions of Service) Rules, 1981. The petitioner is also seeking an appropriate writ, order and direction of quashing letter produced at Annexure No. 8 and the order produced at Annexure No. 9 passed by the Education Officer.

(2.) THE brief facts of the present case are that the petitioner was appointed as Assistant Teacher with effect from 16-8-1976 and was given the pay scale of trained High School Teacher from the said date. The services of the petitioner were continued in the same post next year also from 1-8-1977 on the same pay scale as an Assistant Teacher in the Higher Secondary School.

(3.) THE services of the petitioner were confirmed and he continued to work without any break as an Assistant Teacher in the Higher Secondary School as a trained High School Teacher. The petitioner had a requisite qualification of a trained High School Teacher and the petitioner had passed his M. A. in political science in second class and B. Ed. in second class. The petitioner states that surprisingly by letter dated 28-9-1987 which was issued by the Head Master of Dr. Ambedkar High School, Gondia, the petitioner was directed to contact the Education Officer for regularising the period of promotion and in the said letter he was threatened that after November, 1987 separate pay bill would be forwarded on the basis of basic pay. It is the contention of the petitioner that in the mean time, a letter dated 8-7-1987 was issued by the Education Officer, in which the petitioner was referred to as a middle school teacher and it was mentioned therein that he had been promoted as a High School Teacher with effect from 1-7-1986. The petitioner, therefore, immediately filed this writ petition challenging the said letter dated 28-9-1987 and letter issued by the Education Officer dated 8-7-1987, in which he was allegedly promoted as a High School Teacher from 1-7-1987.