PRABHAKAR PANJABRAO MAHAJAN Vs. DEPUTY DIRECTOR OF EDUCATION, NAGPUR DIVISION; EDUCATION OFFICER (SEC); YESHWANT GRAMIN SHIKSHAN SANSTHA; YESHWANT HIGH SCHOOL

JUDGEMENT

(1.) This petition is directed against the order dated 14th August 2002 passed by the respondent no.2 Deputy Director of Education holding that the petitioner would be entitled for salary as per the pay-scale prescribed at the time of appointment of petitioner in the respondent no. 4 School since the petitioner came to be absorbed in terms of rule 25A of the Maharashtra Employees of Private Schools (Conditions of Service) Rules, 1981 (MEPS Rules for short) framed under the Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977 (MEPS Act for short). This order was communicated to the petitioner by the respondent no.2 Education Officer (Sec), Zilla Parishad, Wardha under letter dated 20th August 2002. Consequently, the petitioner is challenging the said orders and seeking declaration that he is entitled to receive salary of the post of Assistant Teacher and not that of a Contract Teacher.Shikshan Sevak.

(2.) The background facts, in narrow compass, are as under:

(3.) Being aggrieved by the aforesaid notice of termination, petitioner along other employees had filed Writ Petition No. 2732 of 1997 wherein this Court by an order dated 8.10.2001 was pleased to direct the Education Officer to take appropriate steps in accordance with the provisions of rule 25A of the MEPS Rules.