SHASHINATH PANDEY Vs. UNION OF INDIA AND OTHERS

JUDGEMENT

(1.) By an order dated 26th Nov., 1971, the President of India was pleased to grant the benefit of selection grade to the teachers who were satisfying the conditions laid down in it. Pursuant to the said order of the President, the Government of Goa, Daman and Diu by an order dated 23rd Sept., 1972, accorded sanction for the introduction of some scales of pay to those teachers who would be eligible for the benefits of selection grade. It was laid down therein that the appointment to the selection grades would be made on the basis of seniority subject to fitness. The said order was not, however, implemented and on the contrary, by another order dated 21st Sept., 1973, the Government of Goa modified the earlier order of 1972 and imposed a fresh condition for the eligibility of selection grade, viz., that the teachers should have a minimum of five years continuous service in a category in the same school to be eligible for selection grade. This order also was not implemented and the requirement of five years was reduced to three years. Again, the modified order was not implemented and finally, the order dated 17th Aug., 1983, was made and, inter alia, one of the conditions of eligibility inserted was that eight years of continuous service in the category and in the school was required for making a teacher eligible.

(2.) The petitioner is a trained graduate teacher working in Shrimati Kamlabai Hede High School at Siroda, Goa, with effect from 9.6.1969. He is a permanent teacher with effect from 9.6.1971. By this petition, he challenges the order dated 17th Aug., 1983 whereby the condition of eight years of service was imposed to make a teacher eligible for the benefits of selection grade. It is his case that the said condition is illegal and, therefore, the order dated 17th Aug., 1983, is null and void.

(3.) In the affidavit-in-reply filed by the third respondent, it has been specifically averred that similar question has been raised in writ petition No. 119 of 1981 and after arguments were heard on behalf of the petitioner in that case as well as of the respondents, the said petition was withdrawn as the Government Advocate had given an undertaking on behalf of the respondents that the order dated 17th Aug., 1983, would be implemented and steps therefore would be implemented and steps therefore would be taken, It is further alleged that pursuant to the said undertaking, the order dated 17th Aug., 1983, had been implemented and by and large the teachers of aided schools who were eligible according to the criterion laid down in the said order dated 17th August, 1983, had been given the benefits of selection grade and even paid the arrears to which they were entitled. It is further submitted that the petitioner's case is that the order of the President dated 26th Nov., 1971 ought to have been implemented and in the said order no condition fixing a particular number of years of service had been included. Now, by order dated 21st Sept., 1973, a minimum qualifying service of five years had been prescribed for a teacher to be eligible to the selection grade post and further, by another order dated 24th Nov., 1978, such requirement had been reduced to three years. The petitioner has not challenged any of these orders although the cause of action for his grievance has arisen on 21st Sept., 1973, or at the most on 24th Nov., 1978. The petition was, however filed on 6th March, 1986 and consequently, suffers from gross delay and laches and is liable to be dismissed on that ground alone.