STATE OF M P Vs. RAMESH CHANDRA BAJPAI

JUDGEMENT

(1.) This appeal under Section 2 of the Madhya Pradesh Uchcha Nyayalaya (Khand Nyayapeeth Ko Appeal) Adhiniyam, 2005 is directed against the order dated 3.11.2004 passed by the learned Single Judge in W.P. No. 4005/2003.

(2.) It is not disputed that the respondent was appointed and is working as Physical Training Instructor in the Government Dhanvantari Ayurvedic College. The respondent had filed a petition for seeking parity in pay scales with the other Teachers notwithstanding that he was Physical Training Instructor in view of the decision of the Supreme Court in AIR 1997 SC 3433 P.S.Ramamohana Rao Vs. A.P. Agricultural University and another and the other circumstances brought on record. The leaned Single Judge by his impugned order has given a direction that the respondent should also be considered for pay scales applicable in the case of UGC Teachers.

(3.) Learned Additional Advocate General has strenuously contended that since the service of the respondent (original petitioner) is governed and regulated by the Rules called the M.P. Public Health System of Medicine and Homeopathy) Class - II Medical Services Recruitment Rules, 1987, on the basis of the ratio of the case in PS. Ramamohana Rao (supra) he could not have claimed parity with the post of Teachers merely because his duty is to teach skills of various games as well as their rules and practices. In particular, it has been contended that in Schedule - II to the Rules, the post of Physical Training Instructor has been classified and the appointment is made directly on the posts. Learned Additional Advocate General has also referred to Schedule - Ill to the Rules which in Item No.8 provides that Physical Training Instructor should have Diploma in Physical Training. It has further been submitted that separate pay scales have been provided for Teachers and the Physical Training Instructors. Under these circumstances, the learned Additional Advocate General contends that since the Teachers and the Physical Training Instructors constitute different classes, it does not amount to practicing any discrimination, much less hostile, by providing separate pay scales for the post. He has further submitted that while according to UGC, a Teacher in College is required to hold higher qualifications such as Ph.D., as per the rules the Physical Training Instructor is required to have a Diploma in Physical Training, only. It is on the basis of this distinction pointed out by the learned Additional Advocate general, he prays that the order passed by the learned Single Judge be set - aside.