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[PER : SANDEEP V. MARNE, J.] A. ISSUE INVOLVED

1. Entitlement of regular pay scale to Watchmen/Security Guards appointed in aided Ashram Schools run by the private managements at par with those working in Government Ashram 9 wp4300 (1) .21 Judgment -2.docx Schools, is the issue involved in the present petition.

B. FACTUAL MATRIX

2. By the Government Resolution dated 23.01.2014, it was resolved to establish a Special Education Unit for better management of Government Ashram Schools and aided Ashram Schools under the Tribal Development Department of the State. It was further resolved to create 849 posts for establishment of such Special Education Unit. In addition to such 849 newly created posts, it was also resolved to create 556 posts of Watchmen/Security Guards for 556 aided private Ashram Schools. It was decided to fill up such posts of Watchmen/Security Guards on consolidated monthly honorarium of Rs. 3200/-. By subsequent Government Resolution dated 18.06.2016, such honorarium was enhanced to Rs. 5,000/-.

3. The petitioner No. 1 is a Union of teaching and non- teaching staff working in Ashram Schools of the Tribal Development Department. Petitioner Nos. 2 to 59 are working as Watchmen/Security Guards in various aided Ashram Schools run by the private managements. They have filed present petition claiming the same pay scales, which are granted to the post of Watchmen/Security Guards in Government Ashram Schools. It is contended that by way of Government Resolution dated 14.09.2004, it has been directed that the educational qualifications applicable to the teaching and non-teaching staff in the Government Ashram Schools is made applicable to those 10 wp4300 (1) .21 Judgment -2.docx engaged in aided private Ashram Schools. The petitioners also rely upon Government Resolution dated 20.08.2019, by which the revised staffing pattern has been implemented for Government Ashram Schools and aided Private Ashram Schools, under which one post of Watchman has been sanctioned for each Ashram School with a further direction that the eligibility criteria for filling up the posts of Watchmen would be the same as prescribed for the Government Ashram Schools. The petitioners also rely upon the Government Resolution dated 13.12.2019, by which the nomenclature of post of Watchman is changed to that of Multi Tasking Staff and a pay band of 15000-47600 has been prescribed for the same. The petitioners contend that despite issuance of Government Resolution dated 13.12.2019, the same is not implemented and the petitioners continue to be paid monthly consolidated honorarium of Rs. 5,000/-.

Thus extension of payscale to Ambulance Drivers is upheld by the Apex Court, even though they are not appointed by Zilha Parishads but by contractors.

D-2. APPLICATION OF JAGJIT SINGH JUDGMENT TO PRESENT CASE

16. Applying the principle of Jagjit Singh (supra) to the present case, it is apparent that the State Government has clearly discriminated Watchmen/Security Guards engaged in aided private Ashram Schools viz.-a-viz their counterparts in Government Ashram Schools. True it is that the sanction of posts of Watchmen/Security Guards in private aided Ashram School was conditional i.e. on payment of monthly consolidated honorarium. However, the question that arises is whether the State Government was justified in doing so? As observed by us herein above, the Government Resolution dated 23.01.2014 which created the posts of Watchmen/Security Guards in private aided Ashram School was silent about the pay scale/honorarium payable in respect of 849 posts created in Special Education Unit for better management of Government and aided Ashram Schools. It appears 26 wp4300 (1) .21 Judgment -2.docx that for the said 849 posts the regular pay scales are paid. However, in respect of posts of Woman Superintendent and Watchmen/Security Guards, a special provision is made for payment of monthly honorarium of Rs. 3200/-. Subsequent Government Resolution dated 18.06.2016 stipulates that the engagement on the post of Watchmen/Security Guards would be temporary for 11 months while enhancing monthly consolidated honorarium of Rs. 5,000/-.

20. Thus, it is well established principle that the teachers engaged in privately managed aided Schools cannot be discriminated vis-a-vis their counterparts working in the Government Schools. Applying same principle, no discrimination can be made even with regard to the watchmen engaged in aided Ashram Schools and Government Ashram Schools.

D-4. EFFECT OF VARIOUS GOVERNMENT RESOLUTIONS

21. Great deal of emphasis is laid by Mr. Pawar on the Government Resolution dated 20.08.2019, by which revised staffing 29 wp4300 (1) .21 Judgment -2.docx pattern has been implemented for Government Ashram Schools and the aided Ashram Schools, under which the one post of Watchman has been sanctioned for each Ashram School with a further direction that the eligibility criteria for filling up the posts of Watchmen would be the same as prescribed for the Government Ashram Schools. Government Resolution dated 20.08.2019 was in vogue at the time of filing of the Petition. If the Government Resolution dated 20-08-2019 was operational, Watchmen/Security Guards in private aided Ashram Schools would have been straight way entitled to regular pay scale. However, the same has been subsequently suspended by issuing Government Resolution dated 11-05-2022. Petitioners contend that such suspension was made only to defeat their case. We would steer clear of the controversy, as are not called upon to decide the legality of the Government Resolution dated 11-05-2022. However, suffice it to note that a conscious decision was taken by the State Government to bring the post of Watchman on staffing pattern of the private aided Ashram Schools. This indicates that the State Government itself treats the Watchmen engaged in private aided Ashram Schools on par with those engaged in Government Ashram Schools. We note the Government Resolution dated 20-08-2019 only for the limited purpose of holding that there appears to be no difference in the duties and responsibilities between Watchmen engaged in private aided Ashram Schools and those engaged in Government Ashram Schools. Also, it is not the case of the State Government that there is any difference in the duties and responsibilities. It has also come on record that the 30 wp4300 (1) .21 Judgment -2.docx recruitment qualifications of watchmen engaged on both establishments are same.