SWABHIMANI SHIKSHAK VA SHIKSHAKETAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) A. ISSUE INVOLVED : Entitlement of regular pay scale to Watchmen/Security Guards appointed in aided Ashram Schools run by the private managements at par with those working in Government Ashram Schools, is the issue involved in the present petition.

(2.) By the Government Resolution dtd. 23/1/2014, it was resolved to establish a Special Education Unit for better management of Government Ashram Schools and aided Ashram Schools under the Tribal Development Department of the State. It was further resolved to create 849 posts for establishment of such Special Education Unit. In addition to such 849 newly created posts, it was also resolved to create 556 posts of Watchmen/Security Guards for 556 aided private Ashram Schools. It was decided to fill up such posts of Watchmen/Security Guards on consolidated monthly honorarium of Rs.3200.00. By subsequent Government Resolution dtd. 18/6/2016, such honorarium was enhanced to Rs.5,000.00.

(3.) The petitioner No. 1 is a Union of teaching and non- teaching staff working in Ashram Schools of the Tribal Development Department. Petitioner Nos. 2 to 59 are working as Watchmen/Security Guards in various aided Ashram Schools run by the private managements. They have filed present petition claiming the same pay scales, which are granted to the post of Watchmen/Security Guards in Government Ashram Schools. It is contended that by way of Government Resolution dtd. 14/9/2004, it has been directed that the educational qualifications applicable to the teaching and non-teaching staff in the Government Ashram Schools is made applicable to those engaged in aided private Ashram Schools. The petitioners also rely upon Government Resolution dtd. 20/8/2019, by which the revised staffing pattern has been implemented for Government Ashram Schools and aided Private Ashram Schools, under which one post of Watchman has been sanctioned for each Ashram School with a further direction that the eligibility criteria for filling up the posts of Watchmen would be the same as prescribed for the Government Ashram Schools. The petitioners also rely upon the Government Resolution dtd. 13/12/2019, by which the nomenclature of post of Watchman is changed to that of Multi Tasking Staff and a pay band of 15000-47600 has been prescribed for the same. The petitioners contend that despite issuance of Government Resolution dtd. 13/12/2019, the same is not implemented and the petitioners continue to be paid monthly consolidated honorarium of Rs.5,000.00.