Narayan Kishanrao Bhise vs State Of Maha & Ors
2016 Latest Caselaw 6137 Bom

                                                                                     908.odt
                  IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                             BENCH AT AURANGABAD

                             WRIT PETITION NO. 5713 OF 2003




                                                                              
             Narayan kishanrao Bhise                   ... Petitioner 
             Age- 51 years, Occu; Service,




                                                      
             R/o Chanapur, Post : Lahan
             Tq.  Aradhapur, Dist. nanded

             VERSUS




                                                     
    1.       The State of Maharashtra,

    2.       The Commissioner for Adivas 
             Vikas, Adivasi Vkas Bhavan, 




                                               
             Juna Agra Road, Nasik, 
             Dist. Nasik          
    3.       The Assistant Commissioner, 
             Adivasi Vikas, Amrawati, 
                                 
             Dist. Amrawati

    4.       The  Project Officer,
             Ekatmik Adivasi Vikas 
      


             Prakalpa, Kinwat, Tq. Kinwat
             Dist. Nanded
   



    5.       The Headmaster,
             Bhaskar Adivasti Ashram Shala,





             At Post  Chanepur Tq. Nanded
             District Nanded

    Mr. R. R.Suryawanshi, Advocate for respondent No.1 to 4
    Mr. B. A.Shinde, AGP for respondent Nos. 1 to 4,
    Mr. D. B. Bhange, Advocate for respondent Nos. 5 and 6





                                        CORAM   :  S. V. GANGAPURWALA & 
                                                    K. L. WADANE, JJ.
                                         DATE   :   18th October,  2016

    JUDGMENT:                             

1. Rule. Rule made returnable forthwith. With

consent of parties, the petition is taken up for final

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2. Mr. Suryawanshi, the learned counsel for the

petitioner states that the petitioner was appointed as

Hostel Superintendent on 01.06.1978. Time to time,

approval was granted to the appointment of the

petitioner. The learned counsel submits that initially

approval was granted on a condition that the petitioner

should complete his D.Ed. Course. The petitioner

attained the age of superannuation and has retired on

30.06.2010 during the pendency of the present writ

petition. The learned counsel further submits that

this Court, vide interim order dated 16th March, 2004,

had directed Respondent Nos. 3 and 4 to give

provisional approval to the petitioner as Hostel

Superintendent and release salary of the petitioner

till disposal of the writ petition. The petitioner was

continued in service. According to the learned counsel,

as per subsequent Government Resolution dated

03.06.2008, the Government has relaxed the condition of

Hostel Superintendent possessing D.Ed. qualification

and even if the Hostel Superintendent does not possess

D.Ed. qualification, he should be considered as a

trained Superintendent and pay scale of Rs.4500-7000

is to be paid from 1st June, 2008.

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3. The learned counsel further submits that the

respondents be directed to grant approval to the

appointment of the petitioner till the date of his

retirement and also direct the respondents to fix the

pay scale and release pension and pensionary benefits

of the petitioner.

4. Mr. Shinde, the learned AGP submits that as the

petitioner was not possessing D.Ed. qualification, the

proposal for approval to his appointment is not

considered. Even initial approval specifically lays

down that that petitioner shall complete D.Ed. and

thereafter only would be considered as trained Hostel

Superintendent.

5. Mr. Bhange, the learned counsel for respondent

Nos. 5 and 6 supports the contention of the petitioner.

6. It is not disputed that pursuant to the interim

orders passed by this Court, the petitioner, on

attaining age of superannuation, retired from service

and was being paid salary in a pay-scale of Rs.4500-

7000 from 01.01.2008. The Government Resolution dated

03.06.2008 also states that condition of superintendent

possessing D.Ed. qualification is relaxed.

908.odt

7. In view of the aforesaid conspectus of the

matter, the petitioner will have to be considered as a

trained Hostel Superintendent. The petitioner was

appointed way back in the year 1978. In light of that,

we pass following order:

O R D E R

i. Respondents 3 and 4 authority shall grant approval

to the appointment of the petitioner as trained

Hostel Superintendent and shall carry out the

exercise of pay fixation of the petitioner and

thereafter process the pension papers.

ii. The Management shall also forward the pension

papers to the respondent authorities which shall

be processed by the respondent authorities in

accordance with law, treating the services of the

petitioner as trained Hostel Superintendent. The

same shall be done expeditiously.

8. Rule is made absolute accordingly. There shall

be no order as to costs.

(K. L. WADANE, J.) (S. V. GANGAPURWALA, J. ) JPC