MANOJKUMAR S AMARE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) By this Petition filed under Art. 226 of the Constitution of India, the petitioners are praying for direction to respondent Nos. 5 and 6 to pay the salary and other allowances and all other perks to the petitioners as per the scales prescribed under Rule 7 of the Maharashtra Employees of Private Schools (Conditions of Service) Rules, 1981 (hereinafter referred to as 'the Rules of 1981' for short) and in accordance with the reports of the 5th and 6th Pay Commissions, including the arrears and the difference in salary due to revision of scales.

(2.) The facts of the case in brief are as under :

(3.) The 5th Pay Commission report was implemented with effect from 1/1/1996. It is the case of the petitioners that respondent Nos. 5 and 6 did not implement the report in full and the members of the staff were not paid the salary as per the scales prescribed under the said 5th Pay Commission report. A slight increase was made in their salary. The petitioners joined the school on different dates mentioned in the statement which is at Exhibit 'A' to the Petition. The petitioners repeatedly requested respondent Nos. 5 and 6 to pay the salary according to the scales prescribed. The petitioners also requested to respondent Nos. 2, 3 and 4 viz. The Director of Education, Maharashtra, The Deputy Director of Education, Mumbai and The Education Officer (Secondary), Zilla Parishad, Thane, to ensure that 5th and 6th Pay Commission reports were implemented and the salaries paid to the petitioners accordingly. The 6th Pay Commission report was published to be implemented from Jan. 2006.