DISTRICT LOCAL BOARD Vs. KRISHNA SAKHARAM PATIL

JUDGEMENT

(1.) His Lordship after setting out the facts as above proceeded. The two points which have been agitated before us by Mr. Coyajee, counsel for the appellants, the District Local Board, E.K. Jalgaon, are (1) that on a true construction of Section 8(1) and Section 8(2) and the proviso thereto of the Primary Education Act and Rule 59 of the Rules framed thereunder, the plaintiffs were not entitled to the declarations and the other reliefs asked for in the plaint and (2) that the suits were barred by limitation under the provisions of Section 26E of the Primary Education Act.

(2.) The determination of these two questions turns on the construction of the relevant provisions of the Primary Education Act and the relevant rules framed under the power given to the Government in that behalf under Section 27 of the Act. It would be necessary, therefore, in determining each one of these two points to set out the relevant provisions of the Act and the Rules.

(3.) The relevant section in behalf of the first contention is Section 8 and it runs as under: 8(1) A local authority shall take over and employ such primary school teachers employed under the Educational Department of the Provincial Government as the Provincial Government may direct, on the same terms and conditions on which such persons were employed under the aid department. (2) The existing and future rights, liabilities, duties and powers of the Provincial Government in respect of such teachers shall vest in and be exercised or performed by the local authority: Provided : (b) that the scales of pay and allowances applicable to such teachers at the time at which they are taken over and employed by the local authority shall not be altered without the sanction of the Provincial Government and the Provincial Government may, in such cases as they think fit, direct that such alterations shall take effect from any date prior to that on which such sanction is given. Such direction shall not take effect from a date prior to that determined by the local authority in this behalf. Rule 59 which was enacted by the Government under Section 27 of the Act prescribed rates of pay for teachers and runs as under : 59(1). Primary teachers taken over and employed by a local authority under Section 8(1) of the Act shall be paid at the rates in force for Government service at the time of their being so taken over and employed. (2) With regard to other primary teachers employed by a local authority....