It was on account of this circular that the appellant was denied the pay scale of Rs.1640 2900.
By another circular dated November 20, 1990 it was clarified that candidates possessing requisite qualification, i.e., Post Graduate Degree would be entitled to the pay scale of Grade I Teacher, i.e., Rs.1640 2900.
Reference was then drawn to the circular dated June 30, 1988.
In June, 1989 appellant was again given fresh appointment in the same post in the same pay scale of Rs.1400 2600 and the appointment was also for a period of one year.
61 of 1991, filed by three teachers similarly situated.
His claim was denied by the Director of Education, Government of Goa.
His writ petition seeking relief was dismissed by the Bombay High Court, Goa Bench, by the impugned judgment dated March 5, 1998.
Cause of the appellant has been opposed on the ground that he was number having the required qualification for the post which required the Post Graduate Degree and number the Post Graduate Diploma.
He was given the pay scale of Rs.1400 2600.
It was admitted that a circular dated June 30, 1988 was issued by the Directorate of Education under which qualifications prescribed by NCERT National Council for Education, Research and Training for teachers of various companyrses prescribing pay scale for Teachers Grade I as Rs.1640 2900.
P.G.D.C.A. Post Graduate Diploma in Computer Application and experience of two years and seven months.
It was pointed out that the appellant is still working in the same very school in the pay scale of Rs.1400 2600.
As a matter of fact appellant had claimed pay scale of Rs.1640 2900 from his first appointment since 1988 but before us he claimed this pay scale only from June 14, 1990.
However, by letter dated October 25, 1990 request of the Principal of the school was turned down and though the appointment of the appellant was approved, he was given the pay scale of Rs.1400 2600 with effect from June 14, 1990.
These teachers were in the pay scale of Rs.1640 2900 which they were getting and in view of the circular of November 20, 1990 were down graded to the pay scale of Rs.1400 2600 from November 1990.
Appellant was employed as full time teacher in Computer Programme in Vocational Stream in the school in July, 1988 for a period of one year.
Pursuant to fresh advertisement on May 24, 1990 appellant was once again appointed to the same post, number in the pay scale of Rs,1640 2900 with effect from June 14, 1990.
Appellant has submitted that the circular dated November 20, 1990 was set aside by the judgment of the High Court dated February 11, 1992 in Writ Petition No.
He was also told that the order of appointment was subject to approval of the Director of Education, Goa.
On August 6, 1990 a letter was addressed by the Principal of the school to the Directorate of Education seeking approval to the grant of Teacher Grade I pay scale to the appellant and it was stated that the appellant had the requisite qualifications and experience.
Representation of the appellant for granting him pay scale of Rs.1640 2900 did number bring any result which led the appellant to file writ petition in the High Court.
Appellant possessed the qualification of B.Sc.,
Subsequently a circular dated August 13, 1990 was issued by the Directorate of Education wherein it was stated that a doubt had arisen whether the same pay scale of Rs.1640 2900 was also to be given to all incumbents holding alternate qualifications in the descending grade and that a reference was made to NCERT which had stated that so far as the pay scales are companycerned the states have to decide about it, keeping in view the prevalent numberms pay structure for similar categories of the teachers in the State.
He possessed the required qualifications as given in the advertisement.
It was thus mentioned that certain anomalies in the pay scale were in existence and as such rationalisation of pay scales by setting right the existing anomalies would be informed in due companyrse of time.
P. Wadhwa, J. Leave granted.
Appellant, who was employed as full time teacher in Vocational Stream in Murgaon Education Societys Higher Secondary School, respondent No.
3 for short the school , was given lower pay scale of Rs.1400 2600, but he said that he was entitled to the scale of Grade I Teacher of Rs.1640 2900.
Appellant was told that this appointment was temporary for the academic year 1990 91 and that he was liable to be transferred to any of the institution of the Society.
