DEEPALI DINESH NAIK Vs. KRANTIVIR CHAFEKAR EDUCATION SOCIETY

JUDGEMENT

(1.) By the present writ petition instituted under Articles 226 and 227 of the Constitution of India, the petitioner calls in question the legality and correctness of the Judgment and Order dtd. 20/11/2007 delivered by the School Tribunal in Appeal No. 106 of 2003. The supervisory and writ jurisdiction of this Court is invoked on the ground that the findings recorded by the Tribunal suffer from errors apparent on the face of the record and warrant judicial scrutiny.

(2.) The factual backdrop giving rise to the present proceedings may be stated thus. The petitioner came to be appointed as a Teacher in respondent No. 1 primary school on 13/6/1986. At the time of her initial appointment, she possessed the qualification of S.S.C. and D.Ed. Subsequently, in April 1991, the petitioner acquired the degree of Bachelor of Arts. Respondent No. 5 entered service in the same primary school on 21/11/1994, holding the qualifications of B.A. and B.Ed. from the inception of her appointment. These foundational facts are not in dispute.

(3.) On 12/1/1999, respondent No. 5 instituted Writ Petition No. 3824 of 1999 before this Court seeking placement in a higher pay scale. The petitioner herein was not impleaded as a party to the said writ petition. This Court allowed the writ petition and directed that respondent No. 5 be placed in the pay scale of Rs.975.00 to 1,660 with effect from January 1996, accepting her contention that she was the only trained teacher in the respondent school at the relevant time. The order thus attained finality insofar as respondent No. 5 was concerned.