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PETITIONER: AJAY JADHAV

       Vs.

RESPONDENT: GOVERNMENT OF GOA AND OTHERS

DATE OF JUDGMENT:       02/09/1999

BENCH: D.P.Wadhwa, Saghir Ahmad

JUDGMENT:

D.P. Wadhwa, J.

       Leave granted.

     Appellant,  who  was employed as full time teacher  in Vocational  Stream  in  Murgaon Education  Society’s  Higher Secondary   School,  respondent  No.   3  (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.1640-2900.   His  claim  was denied by  the  Director  of Education,  Government  of Goa.  His writ  petition  seeking relief was dismissed by the Bombay High Court, Goa Bench, by the  impugned  judgment dated March 5, 1998.  Appellant  was employed  as  full  time teacher in  Computer  Programme  in Vocational  Stream in the school in July, 1988 for a  period of  one  year.  He was given the pay-scale of  Rs.1400-2600. In June, 1989 appellant was again given fresh appointment in the  same post in the same pay-scale of Rs.1400-2600 and the appointment  was also for a period of one year.  Pursuant to fresh advertisement on May 24, 1990 appellant was once again appointed  to  the  same  post,  now  in  the  pay-scale  of Rs,1640-2900  with  effect  from June 14,  1990.   Appellant possessed  the  qualification  of B.Sc.,  P.G.D.C.A.   (Post Graduate  Diploma in Computer Application) and experience of two  years  and  seven months.  He  possessed  the  required qualifications as given in the advertisement.  Appellant was told  that  this appointment was temporary for the  academic year 1990-91 and that he was liable to be transferred to any of  the  institution of the Society.  He was also told  that the  order  of  appointment was subject to approval  of  the Director  of Education, Goa.  On August 6, 1990 a letter was addressed  by the Principal of the school to the Directorate of  Education  seeking  approval  to the  grant  of  Teacher Grade-I  pay  scale to the appellant and it was stated  that the   appellant  had  the   requisite   qualifications   and experience.   However,  by  letter dated  October  25,  1990 request  of the Principal of the school was turned down  and though the appointment of the appellant was approved, he was given  the  pay-scale of Rs.1400-2600 with effect from  June 14,  1990.  Representation of the appellant for granting him pay-  scale  of Rs.1640-2900 did not bring any result  which led  the appellant to file writ petition in the High  Court. As  a  matter  of fact appellant had claimed pay-  scale  of Rs.1640-2900  from  his  first appointment  since  1988  but

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before us he claimed this pay-scale only from June 14, 1990. It  was  pointed out that the appellant is still working  in the  same  very  school in the pay- scale  of  Rs.1400-2600. Cause  of the appellant has been opposed on the ground  that he  was  not having the required qualification for the  post which  required  the Post Graduate Degree and not  the  Post Graduate  Diploma.   It was admitted that a  circular  dated June  30,  1988 was issued by the Directorate  of  Education under  which  qualifications prescribed by  NCERT  (National Council  for Education, Research and Training) for  teachers of  various  courses  prescribing   pay-scale  for  Teachers Grade-I  as  Rs.1640-2900.   Subsequently a  circular  dated August  13, 1990 was issued by the Directorate of  Education wherein  it  was stated that a doubt had arisen whether  the same  pay-scale of Rs.1640-2900 was also to be given to  all incumbents   holding   alternate   qualifications   in   the descending  grade  and  that a reference was made  to  NCERT which  had  stated  that  "so  far as  the  pay  scales  are concerned  the  states have to decide about it,  keeping  in view   the  prevalent  norms   pay  structure  for   similar categories  of  the  teachers  in the State."  It  was  thus mentioned  that  certain anomalies in the pay-scale were  in existence  and  as  such rationalisation  of  pay-scales  by setting  right  the existing anomalies would be informed  in due  course of time.  By another circular dated November 20, 1990  it was clarified that candidates possessing  requisite qualification,  i.e., Post Graduate Degree would be entitled to the pay-scale of Grade-I Teacher, i.e., Rs.1640-2900.  It was  on  account  of this circular that  the  appellant  was denied  the  pay-scale  of   Rs.1640-2900.   Appellant   has submitted  that the circular dated November 20, 1990 was set aside  by the judgment of the High Court dated February  11, 1992  in  Writ  Petition  No.  61 of 1991,  filed  by  three teachers  similarly  situated.  These teachers were  in  the pay-scale  of  Rs.1640-2900 which they were getting  and  in view  of the circular of November 20, 1990 were down  graded to  the pay-scale of Rs.1400-2600 from November 1990.   High Court  had  ordered  that the pay-scale of  Rs.1640-2900  be restored  to  them with effect from November 1990.   It  was stated  that this judgment was not noticed by the High Court in  the impugned judgment.  Reference was then drawn to  the circular dated June 30, 1988.  This circular we reproduce as under:-  "The  Heads of Higher Secondary Schools and  Higher Secondary  Units  of Colleges are hereby informed  that  the qualifications  prescribed by NCERT for Gr.  I Teachers  and Part  Time  teachers to be appointed for various  vocational subjects    introduced   in    your    school   under    the vocationalisation  of Education at +2 stage are furnished in the  Annexure  enclosed for guidance and  necessary  action. The said qualifications are worked out and approved by NCERT and  may  be considered for the appointment of  teachers  as said above.  The pay scale prescribed for the Gr.  I teacher with  above qualifications is 1640-2900.  In this regard, it is  informed  that if the schools do not get  the  qualified candidates  as prescribed in spite of their efforts made  by notifying  the  vacancies in the local Employment  Exchange, Local  Newspapers and All India Newspapers, the schools  are permitted  to appoint less qualified candidates available in a  lower scale for a fixed tenure of three or six months, as a  stop  gap  arrangement  with   prior  approval  of   this Department.   Rest of the recruitment procedure will be  the same  as  laid  down  in the Education  Rules.   Sd/-  (S.V. Kurade) Director of Education"

     Annexure   to  this  circular,  in   so  far  as   the

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qualification  of the appellant is concerned, is as  under:- Name  of the Vocational Course Qualifications prescribed  by the  NCERT for Full Time Teachers Qualifications  prescribed by  the NCERT for Part Time Teachers 8.  Computer Technique/ Computer Programme Assistant i)B.Tech/B.E.  or equivalent in Computer  Science/ Engineering ii) Diploma/Post Diploma with 2   years  experience  iii)   Masters  Degree  in   Computer Application  iv)  B.S.C.  in Computer Science with  3  years programming  experience  v)  M.Sc.  in Physics or  Maths  or Statistics or Chemistry OR M.A.  Economics and Post Graduate Diploma in Computers with 3 years programming experience

     It  is  not  that  the   appellant  was  having   less qualification  than  prescribed in the circular 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 reference  to  a comparative chart filed in the  proceedings that  teachers  similarly  situated   and  having  the  same qualifications  are  getting the pay-scale of  Rs.1640-2900. These teachers are apart from the three teachers in the writ petition  No.  61 of 1991, mentioned above.  There has  been no reply to this submission of the appellant as to how other teachers  with  the  same qualification are  getting  higher pay-scale of Grade-I Teacher.  It appears to us that it is a clear case of discrimination.

     It  was then contended on behalf of the Directorate of Education  that  the circular dated November 20, 1990  which had been set aside by the judgment of the High Court in writ petition  No.   61  of  1991   concerned  only  three   writ petitioners  and  the  circular  had   not  been  set  aside generally.   That  may be so but the fact remains  that  the three   writ   petitioners   were    possessing   the   same qualifications,  i.e.,  they were not having  Post  Graduate Degree  and  were having Post Graduate Diploma and  yet  had been  held  entitled  to the Grade-I  Teacher  pay-scale  of Rs.1640-2900.   That judgment, it appears, has been accepted by the Government of Goa.

     We are of the view that the appellant has been wrongly denied  the  pay-scale  of  Rs.1640-2900  to  which  he  was entitled  to  from June 14, 1990.  The impugned judgment  of the  High  Court  is, therefore, set  aside.   Letter  dated October  25, 1990 of the Directorate of Education  approving the  pay-scale of Rs.1400-2600 to be given to the  appellant with  effect  from  June 14, 1990 is quashed.   Mandamus  is issued  to the respondents 1 and 2, being the Government  of Goa  and  the  Directorate  of Education,  to  give  to  the appellant  the  pay-scale of Rs.1640-2900 with  effect  from June  14, 1990.  Arrears be paid to the appellant within two months.

     Accordingly the appeal is allowed with costs.