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M. R. SHAH, B. V. NAGARATHNA
K. M. Sharma – Appellant
Versus
State of Chhattisgarh – Respondent
JUDGMENT
M.R. Shah, J. - Feeling aggrieved and dissatisfied with the impugned judgment and order passed by the High Court of Chhattisgarh at Bilaspur in Writ Appeal No. 538 of 2015 by which the High Court has dismissed the said appeal and has not interfered with the judgment and order passed by the learned Single Judge dismissing the writ petition in which the appellants - original writ petitioners prayed for grant of equal pay-scale as admissible to teachers appointed in the Municipal services under the Municipal Employees (Recruitment and Conditions of Service) Rules, 1968 (hereinafter referred to as Rules, 1968), the original writ petitioners - Shiksha Karmis have preferred the present appeal.
2. At the outset, it is required to be noted that respective petitioners were appointed as Shikha Karmis under the Chhattisgarh Municipalities Shiksha Karmis (Recruitment and Conditions of Service) Rules, 1998 (hereinafter referred to the Shiksha Karmis Rules, 1998). The Shiksha Karmis Rules, 1998 were subsequently substituted by the Chhattisgarh Shiksha (Nagriya Nikay) Samvarg (Bharti Tatha Sewa Ki Sharte) Niyam, 2013. That the original writ petitioners submitted representations praying fo
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.
Appeals regarding pay scales without accompanying demotion or supersession do not fall within the jurisdiction conferred by Section 9 of the Maharashtra Employees of Private Schools Act.
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