Document Fragment View

Matching Fragments

18.(ii) The Staff in Matriculation Schools will be paid at the rate of Government scales of pay and they are eligible for selection grade after 10 years of service as in other recognised schools. The teachers and other persons employed in Matriculation Schools shall be governed by the Code of Conduct as specified in Annexure VII. The learned Senior Counsel further submitted that Rule 15 of the Brothers of the Holy Cross of India Employees Service Rules recommends the management to give scale of pay as recommended by the Government. The agreement entered into between the staff and the management also reflect the time scale of pay structure which was in existence at the time of appointment. In fact, in the letter of agreement itself, one of the clause specifically states that if any person is aggrieved that person has to file an appeal to the Director of the School Education. The Directorate has now been bifurcated and separate Matriculation Directorate has been constituted. On the basis of the regulation and the service rules of the management and the terms of the agreement, the petitioner association members are awaiting from the management for implementing the VI Pay Commission. The members of the petitioner association have not been given so far Selection Grade and Special Grade. In fact, instead of giving Selection Grade and Special Grade, they were given one increment in lieu of the Selection Grade and Special Grade on completion of ten years and 20 years and not for 30 years. Even the sanction of one increment has been stopped for those who reached 10 years and 20 years. The learned Senior Counsel further submitted that the members of the petitioner association have been working in the fourth respondent school for several years with fond hope of getting good treatment and emoluments on par with that of Government staff. In view of the various denials, it resulted in getting reduced pension as well. The pension amounts are settled on the basis of Last Pay Drawn. Since they have not been given Pay Revision with effect from 1.6.2006, a number of persons who retired in the interregnum period, have been fixed lesser pension. Therefore, the learned Senior Counsel for the petitioner pray that the Writ Petition be allowed. In support of his contention, the learned Senior Counsel for the petitioner relied on the judgment of this Court in the case of V.Venkatachalapathy and four others vs. Vellore Co-operative Sugar Mills Matriculation School rep. by its President reported in 2000 (II) CTC 478.

7. On the contrary, Mr.Isaac Mohanlal, learned Senior Counsel appearing for the fourth respondent, refuting the allegations of the petitioner submitted that the fourth respondent school is a Minority Educational Institution. It is run by the Social Society of the Brothers of the Holy Cross which is a religious charitable society consisting of the Rev.Brothers of the Roman Catholic Order of Christianity. The Society is registered under the Societies Registration Act bearing Reg.No.55/79-80. The fourth respondent school is approved by the first respondent Directorate of Matriculation Schools, Chennai. According to the Code of Regulation for Matriculation Schools, the Department considers the Matriculation Schools as separate entities. They continue to be fee-based and enjoy financial autonomy. They can levy reasonable fee commensurate with the expenditure involved and the amenities provided. The school gives a very fair salary to the staff with allowances. The teachers in Matriculation Schools do not fall equal to the teachers of Government Schools in all respects. Their nature of work, the terms of employment and the conditions of service are not on par with that of the Government staff. The staff in the fourth respondent school are paid adequate salary commensurate with their work and qualification. They are paid Dearness Allowances, Increments, House Rent Allowance, Selection Grade, Provident Fund etc.,. The employees in Matriculation Schools are normally not transferable whereas in the case of Government Schools, they are transferable. It is further submitted by the learned Senior Counsel that the employment of the teachers and other staff in the fourth respondent school is on contractual basis. The nature of employment is within the realm of contract. The school is a self-financing school. It does not receive any Government grant. The petitioner cannot legitimately invoke the extra-ordinary jurisdiction of the Hon'ble High Court in matters of this nature. The petitioner association is not recognised by the fourth respondent school. The School has never made any commitment either in the appointment order or in the promotion order that the scale of pay and other allowances for the appointees or promotes would be paid on par with the Government teachers. On completion of 10 years, one increment is given and on completion of 20 years another one increment is given and on completion of 30 years still another increment is given. Special Grade and Selection Grade are awarded for every ten years of service. For the aforesaid reasons, the Writ Petition is devoid of merits. It is an abuse of the process of Court and hence, the Writ Petition is liable to be dismissed. In support of his contention, the learned Senior Counsel for the fourth respondent relied on the judgment of the Full Bench of this Court in the case of the Correspondent/Principal, Arokiamada Matriculation Hr.Sec.School v. T.Sorubarani (deceased) (FB) reported in 2015 (6) CTC 129, and the judgment of the Hon'ble Supreme Court in the case Satimbla Sharma and others Vs. St.Paul's Senior Secondary School and others reported in (2011) 13 Supreme Court Cases 760.