SURESH KUMAR DWIVEDI Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THE three petitioners, who are recognised teachers, working as Lecturers in three Government aided institutions (for short, the 'aided institutions'), D.A.V. Higher Secondary School, Naya Bazar, Lashkar, Gwalior; Maharudra Mandal Higher Secondary School, Lala Ka Bazar, Lashkar and Laxmibai Smarak Higher Secondary School, Nayi Sarak, Lashkar, Gwalior, to which the State Government pays cent per cent grants -in -aid, have preferred this petition under Article 226 of the Constitution of India, in a representative capacity, for seeking redress of the grievance of the teachers, alike petitioners, by a writ of mandamus or certionari or any other suitable writ, order or direction in the matter of payment of their salary and allowances, and for providing the same benefits and facilities to petitioners and other alike teachers which are being given to the teachers serving in Government institutions.

(2.) BRIEF facts leading to this petition are thus : The petitioners and other teachers, like the petitioners, serving in the aided institutions, governed by M. P. ASHASHKIYA SHIKASHAN SANSTHA (ADHYAPAKON TATHA ANYA KARMACHARIYON KE VETANO KA SANDAY) ADHINIYAM. 1978 (Act No. 20 of 1978), for short, the 'Act', have raised a grievance that payment of monthly salary after expiry of the month is not made by 20th of the month next following the month as mandated in Section 3 of the Act, and, is disbursed after expiry of six months or so. It is complained that house rent allowance is not paid with the monthly salary, but is paid yearly. It is also complained that fixation of scales of pay and allowances of the recognised teachers or other employees is not sanctioned at par with that of corresponding categories of teachers or other employees in the Government educational institutions. The teachers are discharging the same duties as are being discharged by their counterparts in the Government educational institutions, but they are not treated alike. By circular (Annexure P/l) dated 3 -9 -1990 the Government of Madhya Pradesh have revised the pay scales, bringing them at par with Central pay scales and allowances, of the teachers of aided institutions with effect from 1 -7 -1990, while the pay scales of the teachers of the Government educational institutions have been revised with effect from 1 -8 -1989 and the notional fixation of pay has been made under the same pay scales with effect from 1 -1 -1986. Besides, the disparity in the fixation of revised pay scales, there is a disparity in payment of dearness allowance (D.A.). At the time of the filing of the petition, the Government teachers were geting D.A. at the rate of 58% while D.A. to petitioners was fixed at the rate of 38%. That rate of D.A. has further been increased to Government teachers at the rate of 71%, but the teachers and other employees of the aided institutions are being paid D.A. at the rate of 38%. The petitioners claim that like the teachers of the Government institutions, the petitioners are entitled to the benefit of medical reimbursement, C.C.A., pension and gratuity. The petitioners also claim that time -bound advancement in the pay scales and promotion has been extended to teachers of the Government institutions vide the State Government Notifications dated 14th February/3rd March, 1986 and 11th June/8th April, 1987 (Annexures P/7 and P/8), but the same has not been given to the teachers or employees of the aided institutions. Disparity in pay and allowances and other benefits to the teachers who are discharging same duties and functions alike the Government teachers, is in disregard to the principle of 'equal pay for equal work', and is violative of Articles 14, 16(1), 39(d), 41 and 43 of the Constitution.

(3.) THE State of Madhya Pradesh in their return have contended that the terms and conditions of the recognised teachers or employees of the aided institutions, are regulated by the provisions of the Act which do not provide for the benefits and facilities as claimed. The conditions of service of the teachers and employees employed in the Government educational institutions are entirely different and are governed by Fundamental Rules, and various service rules, framed under Article 309 of the Constitution. Though the petitioners are discharging the same duties as are being discharged by the teachers of the Government educational institutions, they are not entitled to claim the same benefits, allowances or facilities as are being provided, being governed by the Act. Besides, the services of the employees and teachers serving in aided institutions are not transferable, as they work only in their own institutions, and the seniority cadrewise is counted in their own institutions, while the seniority of the teachers and employees of the Government educational institutions is counted at district as well as divisional level, and in case of Gazetted cadre, at the State level. The teachers and employees of the aided institutions get the benefit of contributory provident fund while the teachers and employees of the Government educational institutions do not. The employees of the Government educational institutions retire at the age of superannuation, while in the aided institutions, it is up to the institution to retire a teacher or an employee at a particular age or not. Therefore, the teachers and staff serving in the aided institutions stand in a class apart from the teachers and employees serving in the Government educational institutions; hence, they are not entitled to claim any parity in respect of scales of pay, allowances and other benefits and facilities being provided to the teachers and employees serving in the Government educational institutions. As regards delayed payment of monthly salary, it was stated that the aided institutions get grants -in -aid on yearly basis in accordance with the Grants -in -Aid Rules, and the education officers are required to scrutinise and to complete formalities including the preparation of salary bills, etc., to ensure that the salary is duly credited in the personal deposit (P.D.) account of the teachers and staff members.