LexAJAY JADHAV versus GOVERNMENT OF GOA AND ORS.
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- AJAY JADHAV A v. GOVERNMENT OF GOA AND ORS. SEPTEMBER 14, 1999 [S. SAGHIR AHMED AND D.P. WADHW A, JJ.] B Service law : Appellant employed as a full time teacher-Selected through proper channel-Post carrying pay scale of Rs. 1640-2900-Selection approved C with pay-scale of Rs. 1400-2600 by Government-Claim of appellant for parity in scale-Respondent relying on a notification in I 990-Notification already quashed by High Court in separate proceedings-Similarly placed teachers getting pay scale of Rs. 1640-2900-Held, action of respondents amount to discrimination-Respondent directed to give correct ·pay scale D with retrospective effect. · The Appellant employed as a full time Teacher in vocational stream in the Respondent~school, filed a writ petition claiming parity in pay-scale as that of Grade-I Teachers. The Appellant was employed in the school in June 1990 through proper selection in the pay scale of Rs. 1640-2900. The E appointment th.ough was approved by the Respondent-Government, he was given a pay-scale of Rs. 1400-2600 instead of Rs. 1640-2900. The Appellant possessed required qualifications as given in the advertisement. The High Court rejected the writ petition. On appeal before this Court, the Respon<Jents contended that the F appellant was not having the requisite qualification and experience. The Respondent brought to the notice of this Court the circulars issued by Directorate of Education under which it was mentioned that certain anomalies in the pay scale were in existence and as such rationalisation would be informed in due course. The Respondent contended that by a circular dated November 20, 1990 it was clarifie.d that candidates possessing requisite G qualification would be entitled to the pay-scale of Grade-I teacher i.e. Rs. 1640-2900, and that it was on account of this circular that the appellant was denied the pay-scale. The Respondent brought a circular dated June 30, 1988 wherein it was mentioned that pay-scale of Rs. 1640-2900 is payable for teachers with qualification prescribed therein and that the schools are H 371 372 SUPREME COURT REPORTS [1999] SUPP. 2 S.C.R. A permitted tp appoint less qualified candidates available in a lower scale for a fixed tenure as a stop gap arrangement with prior approval of the Department The Appellant contended that the Circular dated November 20, 1990 has been set aside by the High Court in a writ petition filed by three similarly situated teachers whose pay-scale got downgraded to Rs. 1400- B 2600 in pursuance of the circular, and that this judgment was not noticed by the High Court in this case; and that teachers apart from those Writ Petitioners similarly situated and having the same qualifications are getting the pay-scale of Rs. 1640-2900. c Allowing the Appeal, the Court HELD: 1. The appellant has been wrongly denied the pay scale of Rs. 1640-2900 to which he was entitled from June 1990. The letter dated October 25, 1990 of Directorate of Education approving the pay scale of Rs. 1400- 2600 to be given to the appellant is quashed. Mandamus is issued to D Respondents to give to the appellant the pay-scale of Rs. 1640-2900 with effect from June 14, 1990. [376-D-E) 2. It is not that the appellant was having less qualification than prescribed in the circu!ar or that his appointment was for a fixed tenure of 3 or 6 months as a stop gap arrangement. Appellant has also pointed out with E reference to a comparative chart filed in the proceedings that teachers similarly ~ituated and having the same qualification of Postgraduate Diploma are getting the pay-scale of Rs. 1640-2900. [375-H] F "CIVIL APPELLATE JURISDICTION: Civil Appeal No. 5043 of 1999. From the Judgment and Order dated 5.3.98 of the Bombay High Court in W.P. No. 257of1995. M.S. Ganesh and K.B. Sunder Rajan for the Appellant. G Ms. A. Subhashini and A. .Ranganadhan for the Respondents. The Judgment of the Court was delivered by D.P. WADHWA, J. Leave granted. H Appellant, who was employed as full time teacher in Vocational Stream -- - - - -· AJAY JADHA V v. GOVT. GOA [D.P. WADHWA, J. j 373 in Murgaon Education Society's Higher Secondary School, respondent No. 3 A (for short 'the school'), was given lower pay scale of Rs.1400- 2600, but he said that he was entitled to the scale of Grade-I Teacher of Rs. I 640-2900.· His claim was denied by the Director of Education, Government of Goa. His writ petition seeking relief wa
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