RAMESH CHANDRA BAJPAI Vs. STATE OF M P

JUDGEMENT

(1.) PETITIONER has filed this petition originally before the M.P. State Administrative Tribunal, Bench at Indore. After abolition of M.P. State Administrative Tribunal, this petition has been transferred to this Hon'ble High Court and registered as W.P. No. 4005/2003.

(2.) BY the aforesaid petition, the petitioner has submitted that he is working as Physical Training Instructor. He was appointed on the said post vide order dated 18.1.1973. At the time of filing the said petition he has been fixed in the pay scale of Rs. 1320-2040. He further submitted that the Physical Training Instructors have been treated as teachers, as per the letter dated 24.4.1990 issued by the Principal M.P. dated 16.10.1990 and he submitted that he is entitled to get the pay scale of teachers of Rs. 1290-2050 and after completion of twelve years pay scale of Rs. 1400-2900. Thereafter, he has been further entitled for pay scale of University Grant Commission (U.G.C.). He further submitted that the responsibilities of Physical Training Instructors are the same.

(3.) Respondents has filed the return. They have submitted that petitioner is not entitled for pay scale of teachers. That pay scales are applicable to School Education Department and petitioner is entitled to receive pay as per the pay scale of Physical Training Instructors. The Hon'ble Supreme Court in AIR 1997 SC 3433, RS. Ramamohana Rao v. A.P. Agricultural University and Another, has held that the, Director of Physical Education in University comes within definition of 'teacher'. The State Administrative Tribunal has also held that the Physical . Training Instructors are the teachers and they are entitled to receive U.G.C. pay scale. Against this order of State Administrative Tribunal, one of the Writ Petition No. 5438/2000 has been filed before the Hon'ble High Court. Hon'ble High Court has also held that Physical Training Instructors are entitled to receive the pay scale of teachers and directed to pay the higher pay scale of teachers and dismissed the writ petitions.