(Per : HONOURABLE MR.JUSTICE P.B.MAJMUDAR) This Appeal is directed against the order dated 20th April, 2012 passed by the learned Single Judge in Special Civil Application No.3879 of 2009. By the impugned order the learned Single Judge dismissed the writ petition filed by the management - appellant herein and directed the management - appellant herein to pay the requisite balance payment of salary by way of Account Payee cheque within three months from the date of the order in favour of the respondent No.1 - teacher.
The respondent No.1 - teacher was appointed as a P.T. Teacher and he was not paid salary, which is prescribed to be paid to the trained teacher. The concerned teacher was continued for 36 years without being afforded regular scale, which is required to be paid to the trained teacher. The concerned teacher, therefore, approached respondent No.2 herein - District Education Officer. After hearing, the respondent No.2 came to the conclusion that respondent No.1 - teacher is entitled to the pay-scale of trained teacher looking to the post, which he was holding.
The appellant herein has challenged the said order of the District Education Officer by way of writ petition being Special Civil Application No.3879 of 2009. The learned Single Judge after considering the qualification and the post, which the respondent No.1 - teacher is holding, came to the conclusion that the concerned teacher is entitled to get the salary of trained teacher. The learned Single Judge has found that the concerned teacher was holding requisite qualification of C.P. Ed., which is required for P.T. Teacher and therefore, he is entitled to the salary of trained teacher. By giving appropriate reasons, the learned Single Judge dismissed the plea of the management.
Heard learned counsel for the appellant at length and also gone through the order passed by the learned Single Judge. In our view, since it is not in dispute that for P.T. Teacher, i.e. teacher who is appointed as physical trainer, required qualification is C.P. Ed and since the it is not in dispute that the concerned teacher is holding such qualification, in our view, the learned Single Judge was justified in passing the order that the concerned teacher is entitled to have salary of trained teacher. We, therefore, not find any error of law, which is required to be corrected.
It is clarified that if there is any mistake in calculation of salary as argued by the learned counsel for the appellant, it will be open for the appellant to approach the concerned District Education Officer to fix up appropriate amount, if he finds any mistake, after hearing both the sides and find out appropriate amount of salary.
In view of above, present Appeal stands rejected accordingly.
In view of rejection of main Appeal, Civil Application No.6774 of 2012 does not survive and stands disposed of accordingly.
(P.B.
Majmudar, J) (Mohinder Pal, J) Anup Top