GOPAL MATHUR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS is a very hard case of a blind but self sufficient man - the petitioner herein, who was appointed against handicapped quota, on the post of Music Teacher and is presently serving at Government Primary School, Karauli, Sawai Madhopur. He has filed this, writ petition on the ground that he is being denied the regular scale of pay of Teacher Gr. III ever since his appointment on 21.1.80.

(2.) THE petitioner had passed the Secondary School Examination from the Board of Secondary Education Rajasthan, Ajmer in the year 1980 and thereafter he took Diploma course in Music from the Prayag Sangeet Samiti, Allahabad. He was thereafter appointed as a Music Teacher in the Government Primary School, Kota by order dated 28.1.80 in the scale of 3rd Grade 355 -570 and his services were extended from time to time, ultimately upto 30.4.80 or until further orders vide order No. 5361 dated 11.7.1980. The petitioner Joined the post on 31.9.80 and has been continuously working since then as Music Teacher in the Government Primary School, Karauli. But even after 15 years of service, the petitioner has not been allowed the regular scale of teacher Gr.III and is being paid a consolidated salary of Rs 300/ - only , although his appointment was made as Teacher Gr. III in the pay scale of Rs. 355 -570. It further appears that the pay scale of Teacher Gr. III had been revised in 1981 and 1986 and thereafter in 1989 , but the same has not been made effective in the case of the petitioner even in the year 1990, although it is the case of the petitioner that the Government of Rajasthan has recognised the Diploma Course in Music from the Prayag Sangeet Samiti, Allahabad vide order No. F. 9 (67)/3/71 dated 27.6.1973 and also recognised this diploma equivalent to Basic school Training Course (BSTC) if a person had passed the above diploma and was High School pass they were allowed the pay scale of Teacher Gr. III vide order No. HAD/KI/75 dated 11.1.74. In view of this, the petitioner represented his case before the competent authority for grant of regular scale of pay for Teacher Gr. III. Although, he was assured of favourable consideration, but no result ultimately came out, due to which the petitioner was compelled to file this writ petition to this Court, wherein it has been contended that the petitioner should be granted the benefit of regular scale of pay while recognising the principle of equal pay for equal work as he is possessed with the requisite qualification of Teacher Gr. III and had also been functioning in that capacity as Music Teacher and was also appointed as Music Teacher in the pay scale of Rs 355 -570 on 31.9.1980 against the quota of handicapped persons. Hence, allowing him only fixed salary of Rs 300/ - per month is a gross discrimination to which he has been subjected. In support of the writ petition, he has also cited the case of Surendra Singh v. The Engineer -in -Charge, CPWD : (1986)ILLJ403SC , wherein the learned Judges upheld the doctrine of equal pay for equal work holding therein that if two classes of parsons put the same work under the same employer with the same responsibility under similar working conditions, he cannot be denied the equal pay. Another case of Smt. Prem Kumari v. state of Rajasthan and Ors. CSBCWP No. 11/1989) decided on 21.8.1989 has also been relied upon. It is, therefore, submitted by the learned Counsel for the petitioner that the petitioner should not be compelled to face stagnation in the fixed salary of Rs. 300/ - per month especially in view of the fact that the salary of Teacher Gr. III has been revised on three occasions.

(3.) NOW , the only question which requires to be considered is regarding the date from which the petitioner may be given the arrears of salary. The petitioner, in my view, normally should have been fully entitled to receive the arrears of salary ever since the date of his appointment. But since admittedly he had been working in the category of untrained teacher and there was some ambiguity about his essential qualification for the post which is ultimately held to be recognised in the category of Teacher Gr. III only due to passabe of time, he should be held entitled for arrears of salary when the third pay fixation in the year 1989 was made effective as the Government left the fate of a particular category of teacher to hang in balance by not providing any scale for them and yet taking work from them of an exactly similar nature which was discharged by Teacher Gr. III. Since the exact date from which the scale of pay was made effective has not been given, the respondents are directed to grant the petitioner the arrears of salary of Teacher Gr.,III when the Third Revision was made effective in regard to such Teacher after deducting the amount of salary, DA and other allowances which he might have ready received. The arrears of salary should be paid to the petitioner within a period of four months from the date of receipt of this order. The respondents are also directed to pass formal order indicating that the petitioner has been put in the regular scale of pay of Teacher Gr. III and shall also file an affidavit in this Court after making payment of arrears of salary. It is made clear that the petitioner shall now continue to be paid the regular scale of pay and all emoluments from 1.5.1995.