Supreme Court: In a special leave petition filed against the judgment of Calcutta High Court, wherein the Court while upholding the order passed by the single judge said that the Petitioner was not entitled to higher pay scale which she acquired prior to her joining the post as she was fully aware that her post was approved as a Pass Graduate, and allowing such claim would amount to a back door entry to higher scale of pay, the division bench of Hima Kohli and Sandeep Mehta, JJ. I while permitting to file the petition for Special Leave to Appeal, issued notice to the opposite party.
The Petitioner had joined as an Assistant Teacher in 11-07-2011 in the Physical Education Scheme after duly qualifying the School Service Commission Examinations and Interviews. She had joined in the Pass Graduate Category while entering the service, as her Part II Examination of the Master Degree Programme in Physical Education was complete in June 2011, however, her results were declared by the Calcutta University on 07-09-2011. Her job was confirmed by the District Inspector on 13-10-2011. The Petitioner made several representations before the Secretary, the Teacher-in-Charge and the District Inspector of Schools, requesting the aforesaid authorities to grant approval for a higher pay scale for the higher qualification she has attained after joining the post.
The petitioner submitted that the High Court failed to appreciate that the post of Physical Education Teacher stands on a different footing than a teacher in other subjects, as there is no separate category of ‘Pass Graduate or Hons. Graduate’ and there is only one examination for the ‘Pass Graduate’ category for the post of Physical Education Teacher. The judgments of the High Courts while denying the demand of the Petitioner and upholding the order of the District Inspector of Schools based on the Government Order dated 27-11-2007 is patently erroneous and violative of Articles 14, 19(1)(g) and 21 of the Constitution of India.
The Court, while permitting to file the petition for Special Leave to Appeal, issued notice to the opposite party.
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