VISHNU ARJUN KADAM Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The Petitioners are aggrieved by the implementation of G.R. dated 12th July 2004 issued by Respondent no.2 extending the benefits of 'Periodical Promotion Scheme' ('PPS' for short) from the year 2004 instead of 1994. The Petitioners' case is that similarly situated non-teaching employees of the educational institutions in the State of Maharashtra are granted the benefits of PPS from the year 1994. The Petitioners are granted this benefit only from the year 2004 and therefore the alleged discrimination.

(2.) The Petitioners are Class 'C' and Class 'D' non- teaching employees of different non-Governmental granted schools/colleges imparting education in Technical and bifocal vocational courses based in minimum skill. By a G.R. dated 8 th June 1995 the decision was taken to adopt a policy of the PPS to the Government employees falling in Class 'C' and Class 'D' for the reason of non-availability of the opportunity for the promotions in the said class as well as non-availability of vacant promotional post in spite of acquiring eligibility for the promotion after completion of long services, when there is an opportunity for promotion. The benefit of the PPS was made effective from 1st October 1994. Accordingly, the employees of the Government who have rendered 12 years regular service who are given the benefit of the PPS by giving increment in the pay scale next to the one held by them and further, when there is no promotional post, in that eventuality, the employees of the Government are given benefit of increment of pay scale as explained in the said G.R. along with the conditions as applicable to the employees of the State Government. The intention behind the G.R. was to remove the stagnation in the services of the Government employees due to non-availability or there being no vacancy in the promotional posts as the case may be.

(3.) The Petitioners contend that with a view to remove the stagnation in the services of the non-teaching staff of the private schools, employees of Class 'C' and Class 'D', by G.R. dated 30th April, 1998, the benefit of PPS was extended to the non-teaching employees of the private schools. The benefits of the PPS to those covered by the G.R. dated 30 th April, 1998 was made applicable from 1st October, 1994 as in the case of Government employees. This aspect was clarified by the G.R. dated 23rd July, 1998.