VITHAL KASHINATH NAIK Vs. STATE OF GOA

JUDGEMENT

(1.) The Petitioner has approached this Court by invoking Article 226 of the Constitution of India. The Petitioner is seeking directions to grant backwages with bonus and leave encashment from 17/1/1998 to 4/1/2010 with implementation of 6thPay and 7thPay commission of Government of Goa and challenges the order dtd. 15/10/2012 passed by Respondent No.2.Rs.

(2.) The Petitioner applied for appointment in the school of Respondent No.3 vide application dtd. 18/4/1988 for the post of Peon. The Petitioner was selected by Respondent No.3 for appointment as Laboratory Attendant in the school. The selection was forwarded to Respondent No.2 for approval vide letter dtd. 10/6/1988. Vide communication dtd. 28/6/1988 issued by Assistant Director of Education, the approval of Respondent No.2 to the appointment of Petitioner as Laboratory Attendant in the school was granted. By appointment order dtd. 1/7/1988 the Petitioner was appointed as a Laboratory Attendant in the school of Respondent No.3. Vide Circular dtd. 26/5/1992, the Assistant Director Education called upon Principals of all non governmental higher secondary schools to send information to Respondent No.2 about the number of Laboratory/Library Attendants working in each higher secondary school in the pay scale of 750-950 with the date of appointment as Library/Laboratory Attendant with details of amount towards arrears payable to them by virtue of their pay fixation in the revised pay-scale of Rs.800.001150 w.e.f. 1/1/1986 or from the date of their appointment as Laboratory/Library Attendant, whichever was later. By letter dtd. 12/7/1993, the Respondent No.3 stated that they had appointed Laboratory/ Library Attendants to work in the Laboratory/Library and not as Peon in the pay scale of Rs.750.00940 and requested to upgrade the salary of Laboratory Attendants of the School from existing pay- scale of Rs.750.0012-870-14-940 to the pay-scale of Rs.800.001150 with effect from 1/1/1986. According to the Petitioner, his pay- scale was updated and arrears of salary in this regard were paid to him.

(3.) By Circular dtd. 25/11/1996, the Headmaster/Principal of the School fixed a common work schedule/time-table for all class- IV employees including the Petitioner and assigned them common duties like maintenance of the store room as and when required and as also to do work as per the time-table and to perform other duties in terms of work allotted to them by Headmaster. The Petitioner contends that this circular sought to club all Class-IV employees of the school into one common category for assigning them common duties and jobs irrespective of the nature of their appointment, the substantive post occupied them and the duties and jobs appurtenant thereto. This clubbing of class-IV employees into one category was arbitrary, illegal and not in conformity with provisions of the Act and Rules. The circular allotted to the Petitioner, a Laboratory Attendant, the duties of sweeping and washing the corridors and class-rooms of the school.