Bombay High Court
Parmeshwar Digambar Kandlikar vs The State Of Maharashtra And ... on 22 June, 2016
Bench: S.S. Shinde
1 3-WP11437.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
WRIT PETITION NO.11437 OF 2015
Parmeshwar s/o. Digambar Kandilkar,
Age 39 years, Occ. Service,
r/o. At post Malegaon,
Tq. Ardhapur, Dist. Nanded ..Petitioner
Vs.
1] The State of Maharashtra,
Through Principal Secretary,
Social Justice Department,
Mantralaya, Mumbai 32
2] Principal Secretary,
Finance Department,
Mantralaya, Mumbai 32
3] The Director,
Vimukt Jati Nomadic Tribe,
Other Backward Class,
Special Backward Class,
Pune
4] Regional Deputy Commissioner,
Social Welfare Department,
Latur, Dist.Latur
5] Special District Social Welfare
Officer, Nanded
now termed/designated as under
Assistant Commissioner,
Social Welfare Department,
Nanded ..Respondents
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--
Mr.R.K.Ingole-Patil, Advocate for petitioner
Mrs.M.A.Deshpande, AGP for respondents
--
CORAM : S.S. SHINDE AND
SANGITRAO S. PATIL, JJ.
DATE : JUNE 22, 2016
ORAL JUDGMENT :
Heard.
2]
Rule. Rule made returnable forthwith. By
consent of the learned Counsel appearing for the
parties, the petition is heard finally.
3] This petition is filed with the following
prayer :-
"(D) To hold that the petitioner is
also entitled to get the benefits of
the earlier orders passed by this
Hon'ble Court dated 04.11.2009 in
W.P.No.1491/2009, order dated
04.05.2010 in W.P.No.2352/2010, order
dated 30.09.2010 in W.P.No.6830/2010
and order dated 17.06.2011 in
W.P.No.2121/2011 to the extent of
monitory benefits of difference in
Pay Scale as well as Higher Grade and
Selection Grade Pay Scale within the
period of three months and other
3 3-WP11437.odt
consequential relief that might have
accrued in favour of the petitioner
by issuing necessary writ or
direction as the case may be."
4] The petitioner has been appointed as a
Hostel Superintendent in Primary Ashram School,
Daur, Tq. Ardhapur. It is the case of the
petitioner that the Social Justice Department,
Government of Maharashtra on 03.04.2007, issued a
Corrigendum to the Government Resolution dated
18.09.2000, by which the Hostel Superintendents,
who are having S.S.C., D.Ed. qualification and
appointed prior to 05.02.2000 were brought at par
with the Hostel Superintendents of the Ashram
Schools under the Tribal Development Department,
thereby providing pay scale of Rs.4500-125-7000
and rest of the Hostel Superintendents were kept
in the earlier pay scale of Rs.4000-100-6000. The
said Corrigendum dated 03.04.2007 was made
applicable from 01.01.1996 to 30.11.2006.
4 3-WP11437.odt
5] The learned Counsel appearing for the
petitioner submits that the said Corrigendum dated
03.04.2007 was challenged before this Court by one
Sahebrao Karbhari Gunjal and others by way of Writ
Petition No.1491 of 2001. In that Writ Petition,
the Division Bench of this Court vide judgment
dated 04.11.2009, has taken a view that Clauses 2
and 3 of the said Corrigendum are unreasonable and
unconstitutional to the extent of disparity
between the Hostel Superintendents of Ashram
Schools recognised by the Tribal Development
Department and the Hostel Superintendents of
Ashram Schools recognised by the Social Welfare
Department.
6] The learned Counsel appearing for the
petitioner further submits that in case of a
similarly situated employee namely, Shaktiraj
Dilipsing Patil, who was appointed as Hostel
5 3-WP11437.odt
Superintendent in Primary Ashram School at
Warkhede (Bk.), Tq. Chalisgaon, Dist. Jalgaon and
possessing educational qualification as H.S.C.,
has been granted the pay scale of Rs.4500-125-7000
with effect from 01.05.2000. The learned Counsel
invited our attention to another order passed by
the respondents, by which such benefit of revision
of pay scale has been given and the said employee
has been placed in the pay scale of Rs.4500-125-
7000.
7] The sum and substance of the arguments
advanced by the learned Counsel appearing for the
petitioner is that though the petitioner is not
possessing the D.Ed. qualification and also has
been appointed after the cut-off date, which is
given in the above-referred Government Resolution,
in view of the decision of the Division Bench of
this Court in the case of Sahebrao Karbhari Gunjal
and others Vs. State of Maharashtra and ors. in
6 3-WP11437.odt
Writ Petition No.1491 of 2001 decided on
04.11.2009, the present Writ Petition deserves to
be allowed by giving directions to the respondents
to revise the pay scale of the petitioner and
place him in the pay scale of Rs.4500-125-7000.
8] The learned AGP relying on the reasons
assigned in the impugned communication and also
the Corrigendum dated 03.04.2007 issued by the
Social Justice Department submits that the request
of the petitioner for revision in pay scale has
been rightly turned down since such revision
would be against the policy decision of the State
Government. He, therefore, submits that the
prayers made by the petitioner cannot be
considered.
9] We have given careful consideration to
the submissions advanced by the learned Counsel
appearing for the parties. With their able
7 3-WP11437.odt
assistance, we have perused the pleadings in the
petition, the order passed by the Division Bench
of this Court in the case of Sahebrao Gunjal and
others (supra) as also the judgment and order
passed by the Division Bench of this Court in the
case of Parmeshwar s/o. Digambar Kandilkar Vs.
State of Maharashtra dated 10.09.2013 in Writ
Petition No.3606 of 2012. At this juncture, it
would be appropriate to reproduce the relevant
portion of the Government Resolution dated
03.06.2008, by which the condition of possessing
D.Ed. qualification by the Hostel Superintendents,
who have been appointed before publication of the
appointment rules, has been relaxed, which reads
thus :-
"शासन िनणरय : आिदवासी िवकास िवभागातगरत सवयंसेवी संसथामाफरत
चालिवणयात येणाऱया अनुदािनत vkJe'kkGsrhy वसितगृह अिधककासाठी
शासनाने सेवा izos'k िनयम izfl/n करणयापूवी अनुदािनत vkJe'kkGsrhy
वसितगृह अिधकक पदावर काम करत असलेलया डी.एड. शैकिणक अहरता
धारण करीत नसलेलया सवर अिधककाबाबत डी.एड. ची अट िशिथल
8 3-WP11437.odt
करणयात येत आहे. यावर अिधककाना izf'kf{kr समजणयात येऊन
izf'kf{kr अिधककाची वेतन Js.kh र.4500-125-7000 िदनाक 1
जून, 2008 पासून लागू करणयास मानयता देत आहे.
10] In view of the aforementioned Government
Resolution dated 03.06.2008, the condition of
possessing D.Ed. qualification by the Hostel
Superintendents, who have been appointed before
publication of the appointment rules, has been
relaxed. In the case of Sahebrao Gunjal and others
(supra), in the similar set of facts, the pay
scales of the petitioners who were not possessing
D.Ed. qualification and also appointed after
05.02.2000, after appreciating the rival
contentions of the parties and the documents
placed on record, the Division Bench of this Court
directed to fix their pay scales at par with that
of the Hostel Superintendents of Ashram Schools
recognised by the Tribal Development Department
holding that Clauses 2 and 3 of the said
9 3-WP11437.odt
Corrigendum dated 03.04.2007 are unreasonable and
unconstitutional to the extent of disparity
between the Hostel Superintendent of Ashram
Schools recognised by the Tribal Development
Department and the Hostel Superintendent of Ashram
Schools recognised by the Social Welfare
Department. Moreover, their cannot be disparity
in the pay scales of the Hostel Superintendents
working under the control of Social Justice
Department, who posses S.S.C., D.Ed. qualification
and have been appointed prior to 05.02.2000 and
other Hostel Superintendents of the same
Department.
11] In that view of the matter, since Clauses
2 and 3 of the Corrigendum dated 03.04.2007 have
been held unreasonable and unconstitutional to the
extent of disparity between the pay scales of the
Hostel Superintendents of Ashram Schools
recognised by the Tribal Development Department
10 3-WP11437.odt
and all the Hostel Superintendents of Ashram
Schools recognised by the Social Welfare
Department and therefore, they deserve to be
placed in the same pay scale.
12] Hence, we pass the following order :-
(i) The Writ Petition is allowed in terms of
prayer clause "D".
(ii) The respondents are directed to extend
the same pay scale and other benefits to the
petitioner equal to that of the Hostel
Superintendents working under the control of
Tribal Development Department as also the
Superintendents of Social Justice Department, who
possess S.S.C., D.Ed. qualification and have been
appointed as such prior to 05.02.2000.
(iii) The respondents are directed to implement
the above directions as expeditiously as possible,
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however, within a period of three months from
today and communicate the same to the petitioner.
(iv) The Writ Petition stands allowed to the
above extent. Rule made absolute accordingly.
(v) No costs.
[SANGITRAO S. PATIL, J.] [S.S. SHINDE, J.]
kbp
