SANJAY GANPATRAO IRLAPALLE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The petition is filed to challenge the correspondence made by respondent No. 2/institution and the Headmaster, the employer of the petitioner with the petitioner by which the decision of the educational institution is informed that the petitioner is Assistant Teacher in primary school in the pay scale of Rs.1200-2040 and he is not Assistant Teacher in the secondary school in the pay scale of Rs.1400-2600. A direction is also sought by the petitioner to respondents that petitioner should be treated as trained graduate teacher in secondary school in the pay scale of Rs.1400-2600 with effect from 1.7.1991 and give him the scale as per the 5th Pay Commission and fix his pay accordingly. Relief is also claimed for giving direction to respondents to pay the arrears after fixing pay in the aforesaid manner. Both the sides are heard.

(2.) The educational qualification of the petitioner is B.A., B.Ed. It is his case that respondent No. 2/institution was running secondary school and in the school, he was appointed as Assistant Teacher with effect from 1.7.1991 in the pay scale of Rs.1400-2600. It is his case that in the year 1992, he was appointed as incharge Headmaster of the school and his appointment was approved by the authority like Education Officer Secondary. It is his case that in the seniority list prepared by the school for the years up to 1994, his name was shown in the pay scale of Rs.1400-2600 and his appointment was shown as on permanent post and as confirmed teacher.

(3.) The petitioner was terminated on 4.9.1995. This decision was challenged by the petitioner by filing appeal bearing No. 308/1996 before the School Tribunal. This appeal was decided in favour of the petitioner on merits. Direction was given to the respondent/institution and the school to reinstate the petitioner. Writ Petition No. 27/2000 was filed by the respondent/school to challenge the decision of the School Tribunal in this Court. This Court had refused to grant interim relief. In Writ Petition, compromise document was filed by the respondent/school and the petitioner that the respondent/school was reinstating the petitioner in service and it was making correspondence with the Education Officer Secondary to see that the petitioner gets the scale and the implementation of the 5th Pay Commission also. In terms of this compromise, Writ Petition No. 27/2000 of the respondent/school came to be disposed of.