Sahdev Singh vs State of M.P. and Others

Sheel Nagu, J.—This writ appeal u/s 2(1) of the Madhya Pradesh Uchcha Nyayalaya (Khand Nyaypeeth Ko Appeal) Adhiniyam, 2005 assails the final order dated 02.12.2006 passed in Writ Petition (S) No. 6059/2006, whereby the prayer of petitioner working as Guruji on honorarium in the M.P. Education Guaranteed Scheme for grant of salary at par with the salary enjoyed by Primary School teachers working in the School Education Department based upon the principle of equal pay for equal work, has been rejected.

Learned counsel for rival parties are heard on the question of admission.

Learned counsel for State by citing the case of Gopal Chawala and others Vs. State of Madhya Pradesh and others, contends that the issue involved herein is no more res integra.

The State counsel by citing the above said decision in the case of Gopal Chawla submits that the prayer similar to the one made in this petition based upon the principle of equal pay for equal work was rejected and this Court merely directed the Government to consider increase in the quantum of honorarium of persons working as Guruji under the above said Scheme.

It is further informed by the State counsel that recently the honorarium of Guruji has been increased from Rs. 2500/- to Rs. 3200/-. It is further informed by the State Government that the above said decision of Gopal Chawla has been affirmed not only by the Division Bench of this Court but also by the Apex Court.

On the other hand, the learned counsel for petitioner has brought on record alongwith a list of documents dated 16.01.2014 the M.P. Gazette Extraordinary dated 30.12.2013 publishing the amendment in the M.P. Panchayat Samvida Shala Shikshak (Employment & Conditions of Contract) Rules, 2005 for inducting Guruji into the cadre of Samvida Shala Shikshak Grade-III on the satisfaction of certain conditions. It is contended by him that the directions be issued to also absorb the petitioner who is Guruji in the cadre of Samvida Shala Shikshak Grade-III.

A perusal of the averments in WP No. 6059/2006(S) discloses that the following reliefs were prayed:-

(i) That, issue an appropriate Writ Order or direction to the respondents to put the petitioners on regular pay scales of that of Primary School Teachers in the Education Department of Madhya Pradesh plus other consequential benefit from the date of their initial appointment and the arrears of salary;

(ii) That, issue an appropriate writ or direction that the Education Guarantee is a permanent process of education department of the State and the petitioners are regular teachers in this scheme and they are entitled to get all the privileges provided to other Government teachers.

From the above said relief cause contained in WP No. 6059/2006(S), it is evident as daylight that no relief for absorption in any regular establishment was sought and the sole effort in filing the said writ petition was for issuance of a direction for grant of regular pay scale on the strength of principal of equal pay for equal work.

However, since the amendment in the above said Rules of 2005 is brought into effect from 30th. December, 2013 during the pendency of this writ appeal, some direction deserves to be given to prevent foreclosing of the right of the petitioner/appellant herein.

In view of the above, this writ appeal is dismissed by upholding the order of the learned Single Judge with liberty to the petitioner to file a separate representation for absorption into the cadre of Samvida Shala Shikshak Grade-III in terms of the amendment in the Rules as directed above.

No orders as to cost.