UNION OF INDIA AND ORS. ETC. vs TEJRAM PARASHRAMJI BOMBHATE AND ORS. ETC. Supreme Court, 03-05-1991
| Court | Supreme Court (India) |
| Judge | SHETTY,K.J. (J) |
| Docket Number | Appeal Civil 233 of 1991 |
| Date | 03 May 1991 |
| Parties | UNION OF INDIA AND ORS. ETC.TEJRAM PARASHRAMJI BOMBHATE AND ORS. ETC. |
http://JUDIS.NIC.IN SUPREME COURT OF INDIA Page 1 of 4
PETITIONER:
UNION OF INDIA AND ORS. ETC.
Vs.
RESPONDENT:
TEJRAM PARASHRAMJI BOMBHATE AND ORS. ETC.
DATE OF JUDGMENT03/05/1991
BENCH:
SHETTY, K.J. (J)
BENCH:
SHETTY, K.J. (J)
YOGESHWAR DAYAL (J)
CITATION:
1992 AIR 570 1991 SCR (2) 685
1991 SCC (3) 11 JT 1991 (2) 572
1991 SCALE (1)907
ACT:
Civil Service: Primary School catering to education
needs of children of employees in ordinance factories-
Teachers paid honorarium not full salary out of school fees-
Teachers cannot claim pay scale of Government School
Teachers-Central Administrative Tribunal cannot compel
government to assess needs of school and create necessary
posts.
HEADNOTE:
The appellant i.e. the Central Government sanctioned
primary school from classes I-V to cater to the educational
needs of children of persons employed in the ordance factory
at Ambazari. The employees on their own in the same
premises opened a secondary school with classes VI to X.
The respondents are teachers in the Secondary School and are
being paid out of fees and other donations received by the
school, They approached the Central Administrative Tribunal
seeking regularisation of their service and demanded equal
pay for equal work.
The Tribunal allowed their claim with certain
directions to the appellants including the Union of India
i.e. directing the Central Government immediately to take up
an assessment of the needs of the School to carry on its
activities at the present level and to create a sufficient
number of posts to be filled up on a regular basis. The
Tribunal further directed the Central Government to take
steps to fill up the newly created posts in accordance with
recruitment rules to be framed for the purpose.
Allowing Civil appeal No. 233 of 1991 of the Union of
India, and setting aside the order of the Tribunal
dismissing Civil Appeal No. 480 of 1989 of the respondents
who have not been recruited as per direction of the
Tribunal, the Court.
HELD: 1. There is no evidence in record that
respondents were appointed as teachers on honorarium by or
on behalf of the Central Government. There is no evidence
that they were initially appointed in primary School and
later shifted to the Secondary School. It is undisputed
686
that the Central Government has not sanctioned the Secondary
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