STATE OF MAHARASHTRA Vs. ABDUL JAVED ABDUL MAJID
SUPREME COURT OF INDIA (FROM: BOMBAY)
STATE OF MAHARASHTRA
ABDUL JAVED ABDUL MAJID
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(2.)The Government of Maharashtra formulated a scheme namely the Shikshan Sevak scheme for appointment of teachers on honorarium basis. These were challenged before the High Court of judicature at bombay, and the division bench passed interim direction by order dated 16/8/2000. We extract the said directions of the division bench:
"I) The G. R. would apply only to the aided institutions and the unaided schools, junior colleges etc. will not be covered by the scheme. ii) The G. R. will not apply to teachers who are working as part-timers on clock work basis and they will be paid the salary as before. iii) G. R. will not apply to teachers who are declared as surplus and required to be located and also to teachers who had worked as permanent and confirmed teacher in the past and who has resigned from service and seeking a fresh employment. iv) G. R. will also be inapplicable to teachers working on a temporary basis against reserve posts for backward class and they will continue to receive salary as per the MEPS rules till the duly selected candidates from backward classes is available or teacher concerned is absorbed in service according to the relevant rules and regulations. v) Shikshan Sevak will get honorarium of Rs. 3,000. 00 for primary teachers (std. V-VII) (as against Rs. 2,500. 00) , Rs. 4,000. 00 for secondary teachers (as against Rs. 3,000. 00 and Rs. 5,000. 00 for higher secondary teachers (as against Rs. 3,500. 00. vi) The Shikshan Sevak will be appointed for a duration of 3 years and upon successful completion of the said period, he/she will be absorbed in service and treated as a regular teacher within the meaning of MEPS Act 1977 and MEPS Rules, 1981 vii) The honorarium of Shikshan Sevak as fixed above shall be payable on a month to month basis without any deductions viii) The period of 3 years shall be conducted for the purpose of pension and the other retirement benefits ix) The scheme will be inapplicable to the head of the institution who will be appointed in accordance with the MEPS Rules 1981 and entitled to receive the salary as per the prescribed scale x) The appointment of the Shikshan Sevak will be made by following procedure prescribed under the MEPS Rules i. e advertisement and interviews xi) No untrained teacher will be appointed to the post of Shikshan Sevak however, in case of post reserved for backward classes if trained teacher is not available, the post may be filled in by an untrained teacher subject to an appropriate undertaking that he/she will acquire the necessary qualification within the prescribed period xii) Lady Shikshan Sevak will be entitled to maternity leave as prescribed under the meps Rules 1981 "
(3.)In the said order it is also stated that the learned advocate general of the state assured the court that the state government will declare a modified scheme within two weeks from the receipt of the copy of order
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