DINESH KUMAR SINGH Vs. SAINATH EDUCATION TRUST

JUDGEMENT

(1.) We have heard the learned Advocates appearing for the parties. The learned Advocates for the parties advanced their argument on the issue as to whether the questions involved, in view of the rival pleadings of the parties, are required to be referred to the larger Bench for authoritative pronouncement, in view of divergent views of the Coordinate Benches of this Court in more than one case. In order to understand the limited issue argued at these stage, it would be necessary to narrate the facts of the petitions.

(2.) In this petition, the petitioner Nos.1 to 7 are the teachers employed with respondent No.2 - High School. They have prayed for direction to quash and set aside the order of the Deputy Director of Education Nashik dtd. 5/6/2003 rejecting approval to their appointment as a secondary sec. teachers. They have prayed for direction to the respondent Nos.1 and 2 to pay the arrears, salary, allowances and other post retirement benefits as per prescribed scale and 5th Pay Commission for secondary sec. . It is their case that they were appointed by following due procedure and therefore, they are entitled to get the reliefs.

(3.) The Principal of the respondent No.2 - High School and Junior College has filed the affidavit. Apart from opposing the petition on merits, the Principal has raised a preliminary legal objection. It is contended that as per Sec. 2(17) of the Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977 (hereinafter referred to as MEPS Act), prescribed means prescribed by rules. Sec. 2(23) of the MEPS Act provides that the rules means the rules made by the State Government under this Act. Sec. 4 of the MEPS Act prescribes the terms and conditions of the service of employees of the private school. Sec. 4(1) empowers the State Government to make rules and Sec. 4(3) prescribes the scales of pay and allowances, post retirement and other benefits of the employees of any private school. Sec. 16 of the MEPS Act provides that all the rules made under this act are subject to the conditions of a previous publication. Sec. 16(4) provides that every rule made under this Act shall be laid, as soon as may be, after it is made before each House of State Government Legislature. The State Government shall notify such decisions in the Official Gazette and the rules shall be applicable from the date of publication of such notification subject to modification. It is submitted that in order to grant the benefit of the pay scales prescribed by the 5th Pay Commission, the procedure prescribed above has not been followed. There is no amendment to Schedule C of the MEPS Act. It is submitted that the revision of pay made by the 5th Pay Commission cannot be made applicable on the basis of the Government Resolution.