With a large number of cases pertaining to service conditions, salaries and other issues of teachers and non-teaching staff of schools in the Maharashtra being filed in various courts, the state government has now formed a study group to look into the common areas of dispute.
The education department announced the formation of the study group in a government resolution (GR) dated April 26. As per the GR, the study group was formed in light of the “confusion and miscommunication” caused among the government officials while representing various cases filed by school staff.
“The government pleader representing the state and in turn the school education department’s officers in each such case are usually not the same. On many occasions, it is observed that there is a lack of coordination among the officers of the department giving instructions to such government pleaders, and resultantly, such submissions are made on behalf of the state government by such government pleaders in similar matters, which are substantially inconsistent,” stated the GR.
With similar cases being filed by staffers and in light of the inconsistency in response from the government, the Bombay high court had vide its order dated April 1 observed, “Once the position of law is laid down by this court and if the state does not challenge the view taken, there is no reason why the state government should not issue clarificatory instructions to its officers to bring the position in consonance with the law laid down.”
{{/usCountry}}With similar cases being filed by staffers and in light of the inconsistency in response from the government, the Bombay high court had vide its order dated April 1 observed, “Once the position of law is laid down by this court and if the state does not challenge the view taken, there is no reason why the state government should not issue clarificatory instructions to its officers to bring the position in consonance with the law laid down.”
{{/usCountry}}The government has thus formed a 12-member study group with the joint secretary of the school education department as its chairman.
“This study group ought to give suggestions as to how this type of litigation does not arise in the first place. It will also give suggestions as to how in respect of such common disputes, the state government and resultantly, the school education and sports department is able to put up a common as also consistent defence in all such matters, before the hon’ble courts” stated the GR.