Gwalior:A CBSE school teacher filed case at Gwalior High Court Bench that she is not getting salary as per CBSE affiliation act. The School she is working is CBSE affiliated but she is not paid as per rule. Presently she is withdrawing salary approx 8000 from School . The case was filed in 2008 but came on board in 2015. The Judge gave immediate relief to pay salary and allowances as per state govt. salary rules from May 2015 on wards. The arrears since joining will be calculated after reply of school. Till now school is not filing reply at High Court. Many teacher forgave their salary to schools and not fight legally but this lady fight for her rights and hard worked money. The criminal case also should be file as per IPC 166, 409,406,120B and falsification of accounts.
| Registration Date |
10-04-2008
Pending
|
| Case Detail | WRIT PETITION (WP) 1758/2008 |
| DA Name | SHRI PARAKASH SHRIVASTAVA [WP-DA-8] [CIS User ID : 858] |
| First Entry Clerk | WP-DA-4 On 10-04-2008 12:00:00 |
| Last Updated By | CR4 RDR On 30-11-2016 01:40:53 |
| Last Listed On | 30-11-2016 [HON'BLE SHRI JUSTICE SUSHRUT ARVIND DHARMADHIKARI] |
| Last Order | List After (1)-Ord dt:30/11/2016 |
| Tentative date | 09-12-2016 (Computer generated) |
| Update On | 09-12-2016 [SB (proposed pool-I)] UPDATED |
| Status | Pending |
| Stage | Motion Hearing [ORDERS] (8. After Week/Month/Vacation) |
| Statutory Info. | [FOR ORDERS ON IA No.6940/2016-FOR PAYMENT OF SALARY. RETURN, REPLY FILED. ALONGWITH WPS.2973/04D.(Entered on : 19-10-2016)] |
| Bench | Single Bench |
| File Location | Case recieved by Record Room Pending( Writ) from Prakash Shrivastav/WP on 12-07-2016 |
| Scanning Info | The Judgment/Order has NOT been Scanned ..! |
| NOT GO BEFORE (By Advocate) | HON'BLE SHRI JUSTICE J.K. MAHESHWARI |
| Category | SERVICE RELATING TO STATE GOVT.-17100 Salary Matter-17140 Salary Matter-17140 |
| Act | |
| Petitioner(s) |
1 SMT.ANITA GUPTA S/D/W/Thru:- W/O SHRI RAM PRAKASH GUPTA
SERVICE R/O JANKI VALLABH MANDIR, RAMKUI GALI, NAI SADAK,GWALIOR , GWALIOR , GWALIOR , M.P. |
| Respondent(s) |
1 THE STATE OF M.P. S/D/W/Thru:- THROUGH THE PRINCIPAL SECRETARY
DEPARTMENT OF SCHOOL EDUCATION VALLABH BHAWAN, BHOPAL , BHOPAL , BHOPAL , M.P.
2 THE CENTRAL BOARD OF SECONDARY S/D/W/Thru:- EDUCATION PRET VIHAR VIKAS MARG NEW
DELHI THRO. SECRETARY , BHOPAL , OTHER STATE , NEW DELHI
3 THE REGIONAL MANAGER S/D/W/Thru:- C.B.S.E. TODARMAL MARG AJMER RAJASTHAN
, BHOPAL , OTHER STATE , RAJASTHAN
4 THE RAJENDRA SHIKSHA PARASAR SAMITI S/D/W/Thru:- SHASTRI NAGAR COLONY BHIND THRO.
PRESIDENT AJAY SHRIVSATAVA R/O SHASTRI NAGAR BHIND , BHIND , BHIND , M.P.
5 SMT.DIVYA SHRIVASTAVA S/D/W/Thru:- DIRECTOR RAJENDRA SHIKSHA PRASAR SAMITI
SHASTRI NAGAR COLONY BHIND , BHIND , BHIND , M.P.
6 THE PRINCIPAL S/D/W/Thru:- RAJENDRA CONVENT SCHOOL GWALIOR ROAD
BHIND , BHIND , BHIND , M.P. |
| Pet. Advocate(s) |
M.P.S.RAGHUVANSHI,D.S.RAGHUVANSHI,S.B.GUPTA
|
| Resp. Advocate(s) |
D.K.KATARE,ARUN KATARE,ALOK KATARE
ANKUR MAHESHWARI[R-4]
ANKUR MAHESHWARI[R-5]
ANKUR MAHESHWARI[R-6]
D.P.Singh[R-2]
DHARMENDRA DWIVEDI[R-4]
DHARMENDRA DWIVEDI[R-5]
DHARMENDRA DWIVEDI[R-6]
GIRISH SHRIVASTAVA[R-2]
JITESH SHARMA[R-2]
KANIKA JAIN[R-4]
KANIKA JAIN[R-5]
KANIKA JAIN[R-6]
NARENDRA SINGH PARMAR,SUNIL BHARDWAJ
PAWAN KUMAR DWIVEDI[R-4]
PAWAN KUMAR DWIVEDI[R-5]
PAWAN KUMAR DWIVEDI[R-6]
PRADEEP SHARMA[R-2]
SONAL MITTAL[R-4]
SONAL MITTAL[R-5]
SONAL MITTAL[R-6]
UMESH KUMAR DHAKAD[R-2]
|
| Caveat No. | |
| District | Not Mention |
| U/Section | U/A 226/227 || |
Madhya Pradesh High Court GWALIOR BENCH
Smt.Anita Gupta vs The State Of M.P. on 10 August, 2015
1
WP No.1758/2008
10.08.2015
Shri MPS Raghuwanshi, Advocate for petitioner.
Shri RBS Tomar, Government Advocate for respondent
no.1/State.
Shri D.P. Singh, Advocate for respondents 2 and 3. None for respondents 4, 5 and 6.
IA No.4669/2015 is taken up.
1. The controversy involved in the present case pertains to entitlement of teachers working in the unaided schools affiliated to CBSE to salary at par with the State Government teachers of commensurate post.
2. This Court after hearing the arguments of the learned counsel for rival parties was of the view that since the controversy lies in a narrow compass, the same can be disposed of at motion stage.
3. However, it would not be appropriate to finally decide the case without hearing the stand of the counsel for respondents 4, 5 and 6, who is not present today.
4. Grievance of the petitioner is that she is not being paid salary at par with the salary paid to the teachers of the State Government.
5. Rival parties in their pleadings do not dispute the fact that the school in question is affiliated to the Central Board of WP No.1758/2008 Secondary Education.
6. The contents of Chapter-II Clause 3 (vi) of the CBSE Byelaws are reproduced below for ready reference and convenience :-
"(vi) The school in India must pay salaries and admissible allowances to the State not less than the corresponding categories of employees in the State Government schools or as per scales etc. prescribed by the Government of India. The school outside India should pay salaries not lower than those of the teachers in government schools in that country or not less than the salaries and foreign allowances payable to KVS teachers if officially posted to that country. A certificate to this effect should be obtained from the Indian Diplomatic mission."
7. Bare perusal of the abovesaid clause indicates that it is obligatory upon the School, which is affiliated to CBSE, to pay salary and admissible allowances to these teachers which are not less than the salary of the corresponding categories of employees in the State Government Schools as per the scales prescribed in clause (vi) by the Government of India.
8. Learned counsel for CBSE has filed Annexure R/3-1 alongwith his short return dated 04.12.2014. The relevant WP No.1758/2008 clause providing for essential condition, to which every educational institution in India affiliated to CBSE should fulfill, is provided thus :
"Any educational institution in India or outside India which fulfills the following essential conditions (without which the case cannot be processed) can apply to the Board for affiliation:
(i) The School seeking Provisional Affiliation with the Board must have formal prior recognition of the State/U.T. Govt. Its application either should be forwarded by the States Govt. or there should be a No Objection Certificate to the effect that State Government has not objection to the affiliation of the school with the CBSE. 'No Objection Certificate' once issued to any school will be considered at par even if it prescribes a specific period of *stage unless it is withdrawn. Condition of submitting a No Objection Certificate will not be applicable to categories 3.1 (i) to (iv).
(ii) The School/Society/Trust/#Company registered under Section 25 of the Companies Act, 1956 or the Congregation or other Religious Body controlling the Society/Trust/#Company registered u/S 25 of the Companies Act, 1956 managing the school must have about two acres (or as otherwise permitted measurement) of land and a building constructed on a part of land and proper playgrounds on the remaining land.
Provided that the School may be graded as Category A+, Category A & Category B School as per the following criteria:
Category A+ School - Permanently affiliated school. Category A School - Provisionally affiliated school
- with land of at least 2 acres or of such measurement as has WP No.1758/2008 been permitted under Rule 3(ii)
(b),(c,),(d) & (e) below.
Category B School - Provisionally affiliated school with following criterion:
a) recognized by the Education Department or whose application has been forwarded by it.
b) does not possess land as per Category 'A' but has not less than 1.5 acre of land also satisfies the following:
• 250 Sq. mtr. Of area + 1 Sq. mtr. for every student on the rolls (for a middle school). • 500 Sq. mtr. Of area + 1 Sq. mtr. for every student on the rolls (for a Secondary school) • 750 Sq. mtr. of area + 1 Sq. mtr for every student on the rolls (for a Senior Secondary School).
c) Pays salaries as per State Govt./U.T.Scales of pay.
d) Satisfies all the other conditions of Affiliation Bye-Laws."
9. From the above, it is evident that payscale to be paid to teachers working in affiliated schools irrespective of the fact of school receiving grant-in-aid or not, is to be at par with the salaries of the teachers working in the State Government schools.
10. The petitioner is stated to be working as Assistant Teacher in respondents 4 to 6 School and is being presently paid salary of Rs.8,217/- as disclosed by the reply of WP No.1758/2008 respondents 4 to 6 in para 5 of its reply dated 17.11.2014.
11. Learned counsel for petitioner has brought on record a document Annexure P/9 alongwith IA No.4669/2015 stating that the salary of Assistant Teacher in a Government School is as follows :-
"Basic Pay Rs.17,340/- Plus Grade Pay Rs.3,600/- Plus DA at admissible rate"
12. However, the State counsel is not in a position to disclose the exact quantum of salary currently enjoyed by an Assistant teacher in the State of M.P.
13. However, from the above it appears that the salary being paid to the petitioner is nearly half of the salary that is otherwise due to her in law.
14. Consequently as an interim measure, it is directed that henceforth, the petitioner shall be paid salary at the same rate that is paid to a teacher of the commensurate status in State Government School in M.P. alongwith all admissible allowances.
15. Let the case be taken up in the week commencing 24th August, 2015 on Tuesday or Thursday.
