SANGEETA V DHAMASKER Vs. GOVERNMENT OF GOA

JUDGEMENT

(1.) ALL these petitions are disposed of by common Judgment since they involve identical issues of law and the facts involved in the writ petitions are almost identical. We have heard Mr. Menezes, learned Counsel for the petitioners in Writ Petitions No. 313/01, 314/01, 315/01, 316/01, 317/01, 364/01 and 279/2001; Mr. Coutinho, learned Counsel for the petitioners in Writ Petition No.322/01 and Mr. Kantak, learned Advocate General on behalf of the State and the Director of Education. The managements of different Schools have chosen not to put in appearance either to oppose or to support the petitions.

(2.) BRIEFLY, the case of the petitioners is as follows: The petitioners are full time Grade I Teachers in Higher Secondary Schools run by different managements in Goa. Some of the petitioners were appointed during the academic year 1989-90 and some of the petitioners were appointed during the academic year 1990-91. The appointments of these teachers were made pursuant to the Circular dated 30.6.1988 issued by the Director of Education which prescribed qualifications for full time and part time teachers for vocational subjects in the higher secondary schools. According to the petitioners, the pay scale prescribed by the said circular for Grade I Full Time Teacher was Rs.1640-2900. The petitioners were appointed pursuant to the advertisement issued by the managements of different schools. Although the pay scale for the said post was Rs.1640-2900, the Director of Education approved the scale of Rs.1400-2600. The petitioners made several representations to the Director of Education claiming pay scale of Rs.1640-2900, first of such representations, on behalf of the petitioners, was made on 1.9.1990 and the last representation was made on 21.02.2000. Inspite of the representations made, the petitioners were not given the pay scale of Rs.1640-2900. The appointments continued from year to year and the petitioners were given increments in the pay scale of Rs.1400-2600. By Circular dated 13.8.1990, the Director of Education informed the managements of different schools that certain anomalies had crept up in the pay scale of Grade I Teachers for Vocational Courses and, therefore, an exercise was being done taking into consideration the scales prevailing in the State of Goa with reference to the qualifications etc., to rationalise the pay scale and the managements would be informed about the same in due course of time. By letter dated 20.11.1990, addressed to the Principals of Higher Secondary Schools having vocational streams, the Director of Education informed that the pay scales for Full Time Grade I Teachers would be fixed at Rs.1640-2900, while the pay scales for full time teachers in lower scale would be fixed at Rs.1400-2600. The petitioners have further stated that three teachers working with Murgaon Education Society's Higher Secondary School of Vocational Stream, Zuarinagar, had filed Writ Petition No.61/91 claiming pay scale of Rs.1640-2900 along with the consequential monetary benefits and/or differences. By Judgment dated 11.2.1992, this Court allowed the petition and granted pay scale of Rs.1640-2900 along with the consequential monetary benefits with effect from November, 1990. The said judgment was not challenged by the State of Goa and, therefore, it has become final. It is further the case of the petitioners that one Ajay Jadhav, a Full Time Teacher in Grade I (Vocational Stream) employed with Murgaon Education Society's Higher Secondary School of Vocational Stream, Zuarinagar who was given pay scale of Rs.1400-2600 had filed Writ Petition No.257/1995 in this Court claiming pay scale of Rs.1640-2900 with effect from the date of his appointment as the Director of Education had refused to extend the said pay scale to him. This Court, by Judgment dated 5.3.1998, dismissed the petition. However, Special Leave Petition No.5043/99 filed by Ajay Jadhav was allowed by the Apex Court and the Apex Court issued directions to the State of Goa and the Director of Education to give Mr. Jadhav pay scale of Rs.1640-2900 with effect from 14.6.1990 within two months from the date of Judgment. The petitioners, thereafter, also made representation to the Government requesting extension of the pay scale of Rs.1640-2900 from the date of their respective appointments. Inspite of such representations, the petitioners were not given the pay scale of Rs.1640-2900. Therefore, the petitioners have filed the above 10 petitions seeking quashing and setting aside of the letters issued to the petitioners at the time of their initial appointments fixing their pay scale of Rs.1400-2900. The petitioners have further sought writ in the nature of mandamus commanding the respondents to extend to the petitioners the pay scale of Rs.1640-2900 with effect from dates of their initial appointments. The petitions have been mainly filed on the basis of the Judgments given by this Court in Writ Petition No.61/91 and on the basis of the Judgment given by the Apex Court in case of Ajay Jadhav (supra).

(3.) ON merits, it is the case of the respondents that the vocational education in Goa was introduced pursuant to a Scheme of Central Government which had laid down guidelines and also procedure for grants to voluntary organisations, condition of grants etc. In terms of the said scheme, pay scales and the salary patterns have been fixed by the State Government. In vocational stream, there are different courses, technical and non-technical and the payments of the teachers are depending upon the requirement and their pay scales are Rs.1400-2600 and 1640-2900. It is further the case of the respondents that as per the said scheme, there is no provision of Grade I Teacher, but the scheme only provides for full time teacher and part time teacher, however, loosely, nomenclature of Teacher Grade I is being used in case of the vocational teachers irrespective of their qualifications and scales of pay. According to the respondents, all the petitioners were appointed pursuant to the advertisements in which the higher pay scale was not prescribed and in respect of each of these petitioners, the Director of Education had granted approval for temporary appointments in the pay scale of Rs.1400-2600. According to the respondents, in terms of the Scheme of National Council of Education, Research and Training (NCERT), the pay scales stipulated were for two types of teachers �" teachers having Post Graduate Degree in pay scale of Rs.1640- 2900 and the teachers having lower qualification in the pay scale of Rs.1400-2600. Under the Goa School Education Act, the qualifications prescribed for Grade I Teachers are, (i) Masters Degree in the subject, (ii) a Degree in Education/Teaching and failing which 2 Class Masters Degree in the subject and should obtain B.Ed. Degree within