URMILABEN ISHVERLAL NAIK Vs. DIRECTOR OF EDUCATION

JUDGEMENT

(1.) By this petition under Articles 226 and 227 of the Constitution of India the petitioner, an Assistant teacher of Sarvajanik Vidyalaya, Daman, has prayed for a writ of certiorari against the respondents for quashing and setting aside Circular No. 62 dated 1-3-1976 filed with the petition at Exhibit D and a statement issued by the fourth respondent showing the petitioners entitlement to lower pay scale filed with the petition at Exhibit F and has further prayed for a direction to respondent No. 4 to treat the petitioner as being in the Post Graduates Scale of pay on the basis that respondent No. 1 has not issued the said circular (Exhibit D) and to pay to the petitioner all her pay, salary, emoluments, allowance, etc. as per post graduate scale of Rs. 550-900 (revised).

(2.) The petitioner was serving as a teacher since November, 1968 in a Government Grant-in-aided public school named Sarvajanik Vidyalaya, managed by the managing committee of the Sarvajanik Vidyalaya of Daman. The Government pays to this School 100 per cent grant on salaries of the teachers employed in the school and hence the petitioner contends that this public school is purely the disbursing agent of the Government. The Government has full control over this school and generally in the event of some irregularities like non-payment or less payment, etc. by this public school the Government steps in and does the disbursement of salary by its officers as per provisions of the Grant-in-aid Code (hereinafter referred to as "the Code") which is the order dated 13th August, 1963 made by the Lt. Governor i.e. the Administrator of Goa, Daman and Diu.

(3.) The petitioner holds the education and professional qualifications viz. (i) a Masters degree of Arts faculty, (ii) a Bachelors degree of Arts faculty with second class honours-B.A. (Hons.) and (iii) a Bachelors degree of Education faculty with second class i.e. B.Ed. The petitioner contends that there are six teachers in the staff of the said school holding post graduate degree. However, she joined at the earliest of all of them. Thus, among the six post graduate teachers, she is the senior most and is a confirmed teacher of the said school, as per confirmation order dated 30th August, 1976, filed with the petition at Exhibit A. She was officially, legally, and validity placed in the post graduate scale of pay of Rs. 300-600 after her passing M.A. Examination in May, 1972 vide order dated 5th March, 1971, filed with the petition at Exhibit B. She was later on placed in a still higher pay scale of Rs. 350-700 vide order dated 23-9-1972 issued by the Administrator filed with the petition at Exhibit C. Thus, the petitioner contends that the sanction was accorded by the competent authority for introduction of revised pay scale of Rs. 350-700 to the post graduate teachers, including her. She was, therefore, in the pay scale of Rs. 350-700 for a very long time since May, 1972 till February, 1976. In February, 1976 her basic pay was Rs. 425/- which was subsequently brought down to Rs. 310/- with effect from 1st March, 1976 and this was in pursuance of Circular No. 62 dated 1st March, 1976 issued by respondent No. 1 i.e. the Director of Education withdrawing the post graduate scale of Rs. 350-700 which was being given to her since 1972 as stated above. This Circular is filed with the petition and is marked as Exhibit D. The Manager of the school i.e. respondent No. 4 was informed vide this Circular not to pay the petitioner in the Post Graduate Scale for the month of March, 1976 and onwards. It is this Circular which has given rise to the filling of this petition.