Document Fragment View
Fragment Information
Showing contexts for: secondary school code in 2 vs The State Of Maharashtra on 27 June, 2014Matching Fragments
1. In this writ petition filed under article 226 of Constitution of India, the petitioner teachers seek salary as per the pay scale prescribed by State Government through its resolution dated 21st May 2010 extending 6th wage revision to teaching and non-teaching staff of unaided non-
government i.e. private educational institutions. They are working with respondent no.7, which is an unaided private minority School. It is not in dispute that respondent no.5 is a minority educational society while respondent no.7 is the school which has been recognized by State Government as per the provisions of Secondary School Code as revised in 1979, (hereinafter referred to as "SS Code" for short). Permission to open school has been given on 17 August 1991 and as per clause 2 of that permission, management is obliged to pay wages to teachers in the pay scales as prescribed by State Government from time to time. It is in this background that on 23.04.2012, a notice for final disposal of writ petition came to be issued. Accordinglly, we have heard learned Advocate Rohit Deo with Advocate P.B. Patil for petitioners, learned AGP D.B. Patel for respondent nos. 1 to 4 and learned Senior Advocate M.G. Bhangde with Advocate R.M. Bhangde for the respondent management and school finally, with consent by issuing Rule and making it returnable forthwith.
36. Here, it will be proper to consider the relevant provisions, both of SS Code and of 1977 Act. SS Code, in chapter I, Rule 1 defines School to mean a secondary or higher secondary school. Rule 4 defines High School to mean a School which prepares students for Secondary School Certificate exam conducted at the end of Xth standard. Such school may also impart instructions from standard Vth onwards. For present purposes, it is sufficient to note that it does not include a primary school. Pay scales of teaching and non-teaching staff are regulated by Rule 68.5 of its Chapter III, Section II which states that the same have to be as laid down by the State Government from time to time. As per this rule, pay scales applicable to all categories of teachers with effect from 01.04.1976 are given in Appendix Fifteen. Thus, this appendix does not point out pay-scales for non-