- (1.) WE have heard learned counsel for the parties.
(2.) THE respondent in this Special Appeal was appointed as a Craft Instructor in Sainik School, Chittorgarh on 20.11.1992. As per the recommendations of the 4th Pay Commission, his pay was fixed in the pay -scale of Rs. 1200 -2050 which was revised consequent to the recommendation of 5th Pay Commission in the pay -scale of Rs. 4500 -7000.
(3.) THE petitioner had made representations for revision of his pay in the scale equivalent to Trained Graduate Teacher (TGT) in the scale of Rs. 5500 -9000. Initially he was required to wait for recommendations to be made by the 5th Pay Commission. When he did not get any response, he approached the Principal of the School, who made recommendations in the following terms: - "1. A representation received from Sh. KC Malviya, Craft Instructor of this school regarding the anomaly in his pay scale post implementation of Vth Pay Commission is forwarded herewith. 2. The Principal has the following comments to offer: - (a) The Vth Pay Commission recommendation in respect of Sainik Schools Staff have been implemented vide BOG Letter No. 12(4)/97/D (SSC) dated 04 Mar. 1998, in which it is envisaged to grant pay scales the academic staff as sanctioned by the K.V. Sangathan. (b) However, there exists an anomaly between the pay scale of the Craft Instructor in this school (4500 -7000) and his counter -part in the KV School (5500 -9000), whereas the qualification and the nature of the job profound by the both is same. Copy of K.V. Sangathan letter No. F.12 -17 -97 -KVS (Admn. I) dated 06 Feb 1998 is attached at appendix 'A'. (c) The individual had earlier been intimated by the Sainik Schools Society vide BOG letter No. PC -10(3)/87/D(SSC) dated 20 Oct. 95 that his case would be decided after the Vth Pay Commission. 3. In view of foregoing, it is submitted that the representation of Sh. KC Malviya regarding the settlement of the anomaly in his pay scale may be favourably considered and settled at an early date." Learned Single Judge was of the opinion that indisputably the petitioner was appointed as a Craft Instructor in the respondent school in the scale of Rs. 1200 -30 -1560, which was equivalent to Primary Teacher Scale. The respondent school, where the petitioner was appointed, has classes starting from VIth to XIIth and, therefore, through -out his service, after his appointment the petitioner was imparting training in Craft to the students of Class VIth to XIIth standard. He was never made to discharge the duties assigned to a primary school teacher as there was no primary section in the School.;