DEVWRATH DWIVEDI Vs. STATE OF M P

JUDGEMENT

(1.) THIS is a writ petition under Articles 226 and 227 of the Constitution of india for quashing the order dated 10-7-2002 (Annexure P-5) by which the services of the petitioners have been terminated and for a direction to the respondents to run the school and pay their salary.

(2.) IT is not in dispute that Nagar Panchayat, Barhi is a small municipality, an area in transition from a rural area to an urban area. It was earlier known as Municipal Council. It opened a primary school in the year 1983 to impart free education to the children. In course of time it became a middle school and students from Class I to Class VIII were studying in it. The authorities of the State Government while granting recognition to this School for opening the classes made it clear that no separate financial grant would be provided by the State Government for this purpose. The petitioners were appointed as Assistant Teachers in this School. They are seven in number. Except the petitioner No. 3 the others were appointed on a fixed salary of rs. 300/- per month. It was a modest beginning to provide education in the municipal area of Barhi, a small town. The petitioners filed W. P. No. 2263 of 1989 before this Court claiming "equal pay for equal work". In other words they claimed the pay scale of the Assistant Teachers in the Government schools which was at that time Rs. 970-1600. The Municipal Council expressed its inability to pay the salary of regular pay- scale as it was beyond its financial capacity. This Court by the order dated 25-7-1994 (Annexure P-l) directed the municipal Council to treat the petitioners as regular employees and pay their salary including the arrears. The Director and the Deputy Director of the urban Administration were respondent Nos. 2 and 3 in that petition and they were directed to make available the necessary financial grant, "if that is due to the Municipal Council under the rules" so as to enable the Municipal Council to discharge its financial liabilities. The pay-scales of the Government teachers have been further revised and the salary of each of the petitioners who were working on fixed salary of Rs. 300/- per month jumped to Rs. 7340/- per month. This must have been a source of happiness to the petitioners but in its train brought "financial disaster" for the Municipal Council. The arrears bill ran into more than Rupees ten lacs. As the Municipal Council was bound to obey the mandamus of this Court it passed an order dated 29-10-1994 revising the salary of the petitioners in terms of the order of this Court.

(3.) CONTEMPT proceedings were initiated against the respondents in the aforesaid writ petition for their failure to pay the salary and the arrears as per order mentioned above. The Nagar Panchayat (earlier Municipal Council)has paid salary of the petitioners upto March, 2000. By the order dated 30-11-2001 (Annexure P-3) it has been granted further time to make the payment of the arrears. The Nagar Panchayat by its resolution dated 5-7-2002 took a decision to close the school due to its precarious financial condition. The services of the petitioners have been terminated by order dated 10-7-2002 (Annexure P-5 ). In the order the reasons for closure of the School have been stated in detail. The petitioners have been paid salary of three months with this order. It has been further stated in this order that the arrears of salary would be paid to the petitioners by sale of the School buildings and furniture etc. The students of the School have been given transfer certificates. They have taken admission in other schools. The School of the Nagar Panchayat has been closed.