Bombay High Court
Ramesh Madhavrao Dode vs The State Of Maharashtra And ... on 16 June, 2016
Bench: R.M. Borde
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IN THE HIGH COURT OF JUDICATURE OF BOMBAY
BENCH AT AURANGABAD
WRIT PETITION NO.1477 OF 2016
Ramesh S/o Madhavrao Dode,
age: 34 years, occu: service as Shikshan Sevak
with Zilha Parishad High School, Manur
Tq. Vaijapur, Dist. Aurangabad
presently residing at Manur
Tq. Vijapur, Dist. Aurangabad Petitioner
Versus
1 The State of Maharashtra
Department of Sports & Education,
Mantralaya, Mumbai 400 032
through Its Secretary
2 The Scheduled Tribe Certificate Scrutiny
Committee,
Aurangabad Division, Aurangabad
through : Its Member Secretary
3 The Chief Executive Officer,
Zilha Parishad, Aurangabad
4 The Education Officer (Primary),
Zilha Parishad, Aurangabad
5 The Head Master
Zilha Parishad High School, Manur
Tq. Vaijapur, Dist. Aurangabad Respondents
Mr.S.C. Yeramwar advocate for the petitioner
Mr.A.R. Kale, Assistant Government Pleader for Respondent Nos.1 & 2
Mr.C.D. Biradar advocate for respondent Nos.3 to 5
_______________
CORAM : R.M. BORDE &
K.L.WADANE, JJ
(Date : 16 th June, 2016.)
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ORAL JUDGMENT
(Per: R.M. Borde, J)
1 Heard.
2 Rule. With the consent of the parties, petition is taken up
for final decision at admission stage.
3 The petitioner belongs to Koli Mahadev, scheduled tribe (ST)
and was appointed as a Shikshan Sevak in the school, operated
by the Zilha Parishad on 29.12.2007, as against a seat prescribed
for ST category. The petitioner states that, the caste certificate
issued to him, certifying that he belongs to ST category has been
forwarded to the Scrutiny Committee and the validation claim is
not yet decided and the matter remained pending. In the
meanwhile, the petitioner has completed three years tenure as
Shikshan Sevak on 2.1.2011. It is the grievance of the petitioner
that, although he has completed the tenure of appointment as
Shikshan Sevak and is continued in employment of Zilha Parishad,
he is being paid salary prescribed for the post of Shikshan Sevak
and is not being paid salary in the pay scale prescribed for
Assistant Teacher. The Zilha Parishad ought to pay the salary to
the petitioner in the pay scale prescribed for the post of Assistant
Teacher after completion of service tenure of three years as
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Shikshan Sevak from the date of his appointment.
4 It is not a matter of dispute that the petitioner is continued
in the employment and has completed tenure of three years as
Shikshan Sevak. In this view of the matter, we direct the
respondents No.3 to 5 to pay the monthly salary to the petitioner
in the pay scale prescribed for Assistant Teacher since the date of
his completion of tenure as a Shikshan Sevak i.e. from 2.1.2011
onwards and shall continue to pay the salary in the pay scale of
Assistant Teacher. The difference of salary shall be paid within a
period of six months from today.
5 The respondent No.2 Scrutiny Committee is directed to
decide caste validation claim of the petitioner, pending with the
Scrutiny Committee as expeditiously as possible and preferably
within a period of one year from today.
6 Rule is made absolute to the extent specified above.
7 No order as to costs.
(K.L.WADANE, J) (R.M.BORDE, J)
vbd
