In Brief
A teacher (Ahalya A. Samtaney) was declared surplus in a senior college due to the introduction of a new 10+2+3 educational pattern in 1976 and was immediately re-appointed in a junior college on the same day with a one-day break. She was initially paid a lower scale (Rs. 500-900) instead of Rs. 700-1600. The Supreme Court held that the artificial one-day break cannot be used to deny her protection under Government Resolution dated 27.11.1991. As a 'rest category' teacher rendered surplus due to curriculum change and immediately re-absorbed, she is entitled to the higher pay-scale of Rs. 700-1600 from her initial appointment in the senior college, recognizing that security of tenure for teachers is paramount and substance must prevail over technical breaks. The Court directed calculation and payment of arrears within three months with 12% interest if delayed.
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