N K RAI Vs. STATE OF M P

JUDGEMENT

(1.) IN this writ petition question involved is whether on school being taken over by the State Government, teachers and other employees can be paid lesser salary and ordered to be absorbed on the post carrying different designation than the post sanctioned for grant in aid held by petitioners as per their qualifications. Though regular posts held by petitioners exist in the Govt. schools.

(2.) PETITIONERS are teachers and other employees of Anandi Lal Rai higher Secondary School, Bachaiya, Tehsil, Bahoriband, District - Katni which was a private school receiving cent percent grant-in-aid. School has been taken over by the State Government with effect from 16-11-2000. As per Order (P/2)the Lecturers have been ordered to be absorbed as "shikshakarmi Grade I", upper Division Teachers have been ordered to be absorbed as "shikshakarmi grade II" and Lower Division Teachers have been ordered to be absorbed as "shikshakarmi Grade III" and other employees who were receiving regular pay scale of the post held by them such as Peon, Chowkidar, Farash have to be appointed at the rate prescribed by the Collector.

(3.) SCHOOL in question Anandi Lal Rai Higher Secondary School was receiving grant-in-aid from the State Government and used to be run by society called Shiksha Vikas Samiti, Bachaiya. The said school was established prior to 30 years and was receiving cent percent grant-in-aid since 1980. Petitioners No. 1,2,3,4,6,7,9 and 10 were appointed in the year 1974-1975 and had rendered the services or 25 years before the school was taken over, others were appointed in the year 1981, 1987 etc. Petitioner No. 11 was appointed on compassionate ground in April, 1998. List (P/1) indicates the date of appointment against the names of members of the staff. The State has approved the appointments, it was making the payment to the Lectures more than Rs. 8,000/-, Upper Division teachers used to receive more than Rs. 6,000/-, Asstt. Teachers salary was more than Rs. 5,000/- and other staff was also getting the prescribed salary for the post and the payment was above Rs. 3,000/ -. All the petitioners were placed in the regular pay scale. Pay scale has been revised as per the recommendations of the Vth Pay Commission.