STATE OF MADHYA PRADESH Vs. RAMESH CHANDRA BAJPAI

JUDGEMENT

(1.) The State of Madhya Pradesh is before us aggrieved by and dissatisfied with the judgment and order dated 4.1.2008 passed by a Division Bench of the High Court of Madhya Pradesh, Indore Bench at Indore in Writ Appeal No. 201 of 2006 whereby and whereunder the appeal preferred by the appellant herein from a judgment and order dated 3.11.2004 passed by a learned Single Judge of the said High Court in Writ Petition No. 4005/2003, was dismissed.

(2.) The core question which arises for consideration before us is as to whether the respondent herein who is working as Physical Training Instructor in Government Ayurvedic College is entitled to claim parity of pay with the teachers who have been granted UGC scale of pay.

(3.) The respondent was appointed as Physical Training Instructor in Government Ayurvedic College, Ujjain by an offer of appointment dated 18.1.1973. He filed O.A. No. 907 of 1998 before the Madhya Pradesh Administrative Tribunal, Indore Bench (for short, "the Tribunal") with the prayer that the non-applicants in the O.A. (the petitioners herein) be directed to treat him as teacher and fix his pay in the pay scale prescribed for that post along with the benefit of senior scale and also give him the UGC pay scale (Rs. 3,700-5,700) w.e.f.1.1.1986. In the counter affidavit filed on behalf of the non-applicants, it was pleaded that UGC scales have not been made applicable so far as the staff of Ayurvedic Colleges are concerned and that there was no sanctioned post of Sports Officer in the college for which the pay scale of Rs. 3,700-5,700 was recommended and in that view of the matter the applicant could not have been treated at par with the teachers who are employed in the School Education Department.