THE STATE OF MEGHALAYA AND ORS. Vs. DEBA PRASAD SAHA AND ORS.

JUDGEMENT

(1.) This writ appeal has been filed by the State for quashment of impugned judgment and order dated 22.04.2014, passed by learned single Judge in WP(C)No. 258 of 2011 on the ground that the writ petition is not maintainable; the respondents are serving in private schools which receive ad hoc and lump sum grants from the State Government; the grant is given to the Managing Committees to enable them to appoint good and qualified teachers; pay structures of respondents were decided by their respective institutions; appointments were carried out by their respective schools Managing Committees and the Director of Public Instruction, Government of Meghalaya gives only formal approval for such appointment; service conditions including pay and allowances of respondents-teachers were not within the control and provisions of the State Government of Meghalaya; role of State Government is limited under Sections 5 and 7 of the Meghalaya School Education Act, 1981; recognition and lump sum grants-in-aid are given only to the recognized private schools having adequate financial provisions for continued and efficient maintenance of institutions, and learned single Judge should not have directed the State Government to take policy decision and held that the respondents are entitled to get basic pay of Science Teachers of the Government Schools etc.

(2.) Respondents were initially appointed as Science Teachers in different Ad hoc Aided grants Schools in the Garo Hills District of State of Meghalaya. The details as provided in the impugned judgment are as under :- <FRM>JUDGEMENT_16_LAWS(MEGH)3_2015_1.html</FRM>

(3.) It was contended by the respondents before the writ court that the performance of Science Teachers of Ad hoc Aided High Schools where they were working were evaluated by the Government of Meghalaya and that is why they were getting grant-in-aid. When the respondents were appointed initially in 1989-90, their basic pay was fixed at Rs. 525/- per month plus DA plus annual increment from the date of their joining as admissible under the rules framed by the Government of Meghalaya, which was at par with that of Assistant Teachers of Deficit System Schools of Meghalaya. The pay components of the respondents up to 29.02.1992 consisted of Basic+DA+Annual Increment. Upon recommendation of Meghalaya Pay Commission, their basic pay was enhanced to Rs.1700/- pm plus DA as admissible w.e.f. 01.03.1992 with annual increment @ Rs.50/-. The pay structure on the basis of aforesaid formula was continued up to 28.02.2001. However, the annual increment had been stopped w.e.f. 2000. As per Meghalaya Pay Commission Report, the basic pay of respondents was raised to Rs.5100/- pm plus DA as admissible w.e.f. 01.03.2001 but thereafter no increment was paid. The basic pay minus increment was continued to be paid up to February, 2006 and in the sequence of gradual deduction in the total salary of respondents-teachers suddenly, w.e.f. 01.01.2011, their pay scale was also reduced to Rs.9000/- pm only.