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A. S. CHANDURKAR, VRUSHALI V. JOSHI
Dasaram Gonduji Atkari – Appellant
Versus
Zilla Parishad Bhandara – Respondent
JUDGMENT
A. S. Chandurkar, J. - Rule. Rule made returnable forthwith and heard learned counsel for the parties.
2. The challenge raised in this Writ Petition is to the order dated 29th June 2020 passed by the Chief Executive Officer, Zilla Parishad, Bhandara, thereby refusing to grant necessary monetary and pensionery benefits to the petitioners, which they claim to be entitled to.
3. The facts in brief are that each petitioner came to be appointed as a Primary Teacher with the schools run by the Zilla Parishad. When the petitioners were appointed, they were holding the requisite educational training qualifications. As per the Government Resolution dated 14th November 1979, it was the policy to upgrade 25% posts of Primary Teachers and grant them graduate pay scale in accordance with their seniority. By a subsequent Government Resolution dated 2nd September 1989, the pay scales were revised and benefit of the recommendations of the Fourth Pay Commission were made applicable from 1st January 1986. Accordingly, the petitioners were receiving salary in the Pay Scale of Rs.1,400-2,600 and thereafter Rs.1,640-2900 as Senior Grade. On 4th October 2016, the respondent no.1-Chief Executive Of
The initial date of appointment of the petitioners was found to be relevant in determining their entitlement to pay scales based on their improved educational qualifications. The Zilla Parishad was n....
The court affirmed that teachers should receive pay scales based on qualifications acquired during service, rejecting restrictive interpretations of government resolutions.
The benefit of higher pay-scale should not depend on the actual existence of the post in a setup but should be conferred considering the promotional pay-scale.
The court established that primary teachers in municipal schools are entitled to the same higher pay-scale as those in district schools, emphasizing equality in pay for equal work.
Entitlement to TGT scale of pay from the date of acquiring the qualification and the obligation to pay the differential amount within a specified period.
The main legal point established is that teachers are entitled to pay parity with their juniors, irrespective of the union of initial appointment and subsequent transfer.
Entitlement to pay scale under the Himachal Pradesh Civil Services (Revised Pay) Rules and the application of previous judgments in determining entitlement to the revised pay scale.
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