DATTATRAYA WAMANRAO MHASKE Vs. HEADMASTER NUTAN TRAMBAK VIDYALAYA

JUDGEMENT

(1.) IN this petition filed under Articles 226 and 227 of the Constitution, the petitioner has challenged the orders dated 27th November 1991 and 22nd December 1993 passed by the 4th respondent directing the petitioner to be placed in the pay scale of Rs. 1400 - 2600 + Rs. 125 per month while he was retained as an Assistant Teacher in higher secondary school and junior college i. e. Nutan Trimbak Vidyalaya and Junior College, Trimbakeshwar, Dist. Nashik. The petitioner further prays for directions to hold that he was entitled to be paid salary in the pay scale of Rs. 2000 - 3200 right from the date of his appointment as Asst. Teacher in the junior college and for directions to pay the arrears.

(2.) THE undisputed facts briefly stated are that the petitioner obtained his STC qualifications in 1962 and came to be appointed as an Asst. Teacher in J. V. Yevla school run by the respondent no. 1-Trust with effect from 25-6-1962. He obtained his B. A. degree in 1974 and M. A. degree with second class in the year 1982. On 29/9/1982 he was promoted and transferred to the junior college in pay scale of Rs. 600 - 1040 which was the pay scale fixed for the Asst. Teachers working in the junior colleges at the relevant time. From 1/10/1986 i. e. consequent to the implementation of the Fourth Pay Commission recommendations the petitioner's salary was revised and fixed in the pay scale of RS. 2000-3200 and the same was approved by the respondent no. 4. He continued to receive his salary in the said pay scale till November 1991. However, by the impugned order dated 27/11/1991 he was reverted in the lower pay scale as referred to hereinabove and an amount of Rs. 70,000/- was directed to be recovered from him, by Respondent No. 4 vide his order dated 23/12/1993. The petitioner claims that he had submitted various representations to the authorities on 6/1/1992, 15/4/1993, 10/9/1993, 6/11/1993, 10/11/1994, 13/1/1994, 23/3/1995 and 5/7/1995 and finally he had also filed a complaint with the Lokayukta on 27/6/1995. As a last resort this petition came to be filed.

(3.) THE affidavit-in-reply filed by the Deputy Director of Education, Nashik Region states that by his letter dated 12/1/1993 the Deputy Director had sought guidance from the Director, Education regarding the petitioner's pay fixation and the Director by his letter dated 12/10/1993 advised that the petitioner did not hold the qualifications of B. Ed. , Circular dated 5/2/1988 was not applicable to the teachers working in the junior colleges and it was necessary to have B. Ed. degree for being eligible for the pay scale of Rs. 2000-3200. It was under these circumstances that the Deputy Director of Education addressed the letter dated 19/11/1993 to the school education department. It was stated that as the petitioner was possessing the qualification of stc, he was not eligible for the pay scale of Teacher in the Junior College. We do not find any support to the view taken by the Director, Education vide his communication dated 12/10/1993, if regard be had to the relevant provisions in the MEPS Rules, 1981.