School Tribunal – Maintainability of Appeal against Grant of Higher Scale of Trained Teacher – Section 9 of MEPS Act
The petitioner filed appeal that despite acquiring qualification in the year 1991, she was not treated as trained guarate teacher, whereas, the teachers junior to her were given the said graduate pay scale. The appeal was founded on seniority and qualification.
The difference between promotion and grant of a higher pay scale must be clearly understood before deciding the issue of jurisdiction. These two matters may appear similar at first glance, but in service law they stand on different footing.
A higher pay scale does not automatically mean promotion. When an employee contends that after acquiring a higher qualification she became entitled to a graduate pay scale, the dispute is essentially about the correct application of Government policy or service rules.
If every dispute relating to pay, increments, or monetary benefits is allowed to be brought before the School Tribunal under Section 9, the scope of that provision would expand far beyond what the legislature intended. The Tribunal would then become a general forum for all kinds of financial claims between employees and management.
Judgment dated 6.2.2026 in Writ Petition No.2419 of 2008 of Deepali Dinesh Naik vs. Krantivir Chafekar Education Society and others
