ZULAL SAYARA RAJPUT Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Both the Petitioners herein are teachers working in a primary school. They impugn Circular dated 9th October, 2003 issued by Respondent No.3 by which direction is issued to treat teachers working in Primary Ashram School as untrained primary teachers and to refix their salary in the pay scale of untrained primary teachers. Incidentally, they also seek protection of the pay scale.

(2.) Petitioner No.1 is M.A., B.Ed. and was appointed as Assistant Teacher in Balkan-Ji-Bari Post Basic Ashram Vidyalaya, Dist. Thane, w.e.f. 16th June, 1986. He was placed in the scale of Rs.290-540, which is D.Ed. scale. He was appointed to work in secondary section of the School. The School was having classes of Standard I to X but the Classes of Standard I to IV were in the primary section whereas classes of Standard V to X were in the secondary section. The Petitioner No.2 is B.P.Ed. and was appointed as an Assistant Teacher in the same School w.e.f. 23rd July, 1987 in the D.Ed. scale. He too was appointed in the secondary section of the School.

(3.) There is no dispute about the fact that the School being Ashram Shala is under the control of Respondent No.2 - Tribal Development Department. For the year 1998-99 approval was granted by Respondent No.2 for appointment of teachers in the School. The Petitioners are permanent teachers and were granted revised pay scale of Rs.1200-2040. Both of them worked in the secondary section of the School uptil 2000. The Respondent No.4 decided to withdraw part of secondary section consisting of Standard V to VII of the School and attach the same to the primary section. Therefore, both the Petitioners were transferred to the primary section because they were teaching the classes of Standard V to VII. They were informed that they will be required to work as primary teachers and under the impugned Circular, they would be treated as untrained primary teachers and hence their pay scale would be reduced. They made representation against the administrative action which, in effect, caused reduction in their pay. Still, however, no favourable response was given by the concerned Respondents. Hence the writ petition.