Writ Petition No. 665 of 2008. Case: Indu G.N. Rane Vs The Director of Education, Government of Goa and Ors.. High Court of Bombay (India)
| Case Number | Writ Petition No. 665 of 2008 |
| Counsel | For Appellant: Jitendra P. Supekar, Advocate and For Respondents: Manish Salkar, Government Advocate |
| Judges | F. M. Reis and C. V. Bhadang, JJ. |
| Issue | Constitution of India - Articles 14, 39; Goa Daman and Diu Preservation of Trees Act, 1984 - Section 13 |
| Judgement Date | December 23, 2015 |
| Court | High Court of Bombay (India) |
Judgment:
C. V. Bhadang, J.
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By this petition, the petitioner is seeking parity in pay scale, with her counterpart in a Government Higher Secondary School.
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The brief facts are that the petitioner was promoted to the post of Principal, in the People's Higher Secondary School, Panaji (respondent No. 3) on 22.11.2000 in the pay scale of Rs. 8,000-13,500. The appointment of the petitioner was eventually approved by the respondent No. 1. The material dispute pertains to two circulars issued by the respondent No. 1 dated 28.05.1998 and 31.03.1999. It appears that by the circular dated 28.05.1998, it was stipulated that the post of Principal in the Higher Secondary School having a total student enrollment between 120 and 300 shall carry a pay scale of Rs. 8,000-13,500. By a subsequent circular dated 31.03.1999, it was clarified that in case of marginally higher strength of students i.e. upto 350 students, the post of Principal will carry the pay scale of Rs. 10,000-15,200, with a rider that the said pay scale shall not be granted immediately, but subject to the condition that the strength/enrollment of the students in that school remains stable for a period of three years.
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According to the petitioner, from the year 1995-96 to 2007-08, the total enrollment of the students, in the concerned school was 399 or more. It is thus, contended that the strength of the students in the school was consistently in excess of 350 students, which has been prescribed by the circular of the year 1999. It was thus contended that the petitioner was entitled to the higher pay scale of Rs. 10,000-15,200.
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The petitioner sent two representations, one, in the year 2006 and thereafter, in the year 2008, seeking higher pay scale, which did not yield the desired result. The petitioner also approached the Ombudsman in the State of Goa, who claimed inability to grant any relief for want of necessary powers and jurisdiction. It is in these circumstances that the petitioner filed the present petition on 19.08.2008 inter-alia seeking quashing of the communications dated 14.09.2006 and 12.05.2008, as also the part of the circulars dated 28.05.1998 and 31.03.1999 and to bring about parity between the Principal of the Government Aided Higher Secondary School and the Government School. The petitioner is also seeking a direction to the respondents to grant her the pay scale of Rs. 10,000-15,200 from the date of her promotion as Principal.
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The respondent No. 1 has filed an affidavit in reply of Dr. Celsa Pinto, the Director of Education, Government of Goa. It is contended that, on account of grant of new permissions for opening of Higher Secondary Schools in the State, the enrollment in some schools had fallen below 30 students. In some of the Higher Secondary Schools, it was little over 50 students. In such circumstances, the Government had decided to restructure the Higher Secondary Schools set up, in the State. As per the circular dated 26.11.1997 and after discussion with the Goa School Advisory Board, the two circulars were issued on 28.05.1998 and 31.03.1999 with the approval of the Finance Department whereby, the post of Principal in the Schools, having enrollment between 120 to 300 students, was brought in the pay scale of Rs. 8,000-13,500. It is the material contention that while reckoning the total strength/enrollment, it is only the students in the general stream i.e. Science, Arts and Commerce, which were required to be...
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