RAGESHREE R SAMANT Vs. SECRETARY SHARADASHRAM VIDYA MANDIR

JUDGEMENT

(1.) THE petitioner has moved this Court praying for taking steps against the respondents under the Contempt of Courts Act. It is the case of the petitioner that the respondent-authority, inspite of the order passed by the School Tribunal, Bombay dated 18th December, 1996, in Appeal No. 50 of 1994, has not paid the salary as per the scale. I have perused the order of the school Tribunal dated 11th December, 1996 passed in Appeal No. Bom. 50 of 1994 wherein the School Tribunal allowed the appeal of the present petitioner and the order of termination dated 25th March, 1993 was quashed and set aside. While allowing the appeal, the Tribunal has granted the relief in favour of the petitioner-appellant alongwith reinstatement to her original post as part time Assistant Music Teacher in the respondents School and the respondents school was directed to reinstate the appellant to the said post. In respect of pay and allowances, it is directed by the order of the Tribunal that the petitioner-appellant is entitled to get pay and allowances as per the scale prescribed by the Government in Maharashtra Employees of Private Schools Regulation Act, 1977 and Rules of 1981 from the date of the appeal i. e. from 29th April, 1994 and the respondent Management was directed to pay the emoluments to the appellant as directed by the Tribunal. It is the grievance of the petitioner in this contempt petition that inspite of the direction, the respondent has not paid the salary as per the prescribed pay scale of the Government and therefore, the respondent has committed contempt of the said order. As per the order dated 27th January, 1998 passed by brother Justice Lodha. Shri Shivaji Shende the secretary of Sharadashram Vidya Mandir and Mrs. Rita Agate, Headmistress of Sharadashram Vidya Mandir are present before this Court. The affidavit, in reply dated 23rd January, 1998 is filed by Smt. Rita Agate in detail. In para 10 of the affidavit, it is highlighted that the petitioner was working in the School on a consolidated/fixed salary of a sum of Rs. 200/- p. m. in addition to that she was working in different schools i. e. Seva Sadan High School since 1987 till December, 1996. Saraswati Vidya Mandir Mahim till 1996. The petitioner has not disclosed this fact while filing this petition. It is further found from her affidavit that the petitioner was working purely on ad hoc basis with consolidated salary of Rs. 200/- per month and she was not eligible for part time scale. It is the case of the respondent in this reply that the petitioner has been paid Rs. 200/- per month by way of fixed salary. Nonetheless as borne out from the judgment of the School Tribunal, the appellant was entitled to get the pay and allowances as per the pay scale prescribed by the Government from time to time and the appellant was granted the said pay scale from 29th April, 1994. In the affidavit in reply, it is averred that in the year 1996-97, post of part time teacher was created and the petitioner was accommodated as a part time teacher/half time teacher in the scale of Rs. 600-15-1020. As per the direction of the Tribunal, which is not challenged by the respondents, the judgment of the School Tribunal has become final and the petitioner-teacher is entitled to get the pay and allowances as per the prescribed scale fixed under the Maharashtra Employees of Private Schools Regulation Act, 1977, and Rules 1981. In the affidavit in reply, it is their defence that the petitioner was reinstated as per the order of the Tribunal and the salary was paid at the rates when her services were terminated.

(2.) DURING the hearing, the Secretary of the respondent-school and the Headmistress are present in the Court and stated that the respondent will make the payment as per the order of the School Tribunal dated 18th December, 1996, as directed in its order as per Clause (d) and the payment will be made in favour of the petitioner on or before 31-3-1998. In view of the above statement made by the respondents, this Court is not taking any steps as prayed for by the petitioner under the Contempt of Courts Act. Nonetheless, the respondent now has agreed to pay the pay scale in favour of the petitioner as directed by the School Tribunal in its order dated 18-12-1996. This contempt petition is accordingly disposed of. Notice is discharged. Order accordingly.