Bombay High Court
Shri. Yamaji Maroti Pipare And ... vs The State Of Maharashtra Thr. Its ... on 21 September, 2016
Bench: B.R. Gavai
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH AT NAGPUR
WRIT PETITION NO.188/2016
1. Shri Yamaji Maroti Pipare,
aged 41 years, r/o Govindpur,
Post Yevli, Tq. Dist. Gadchiroli.
2. Shri Balu Kisan Pawar,
aged 34 years, r/o Mandva (B),
Tq. Bhivapur, Dist. Nagpur 441214.
3. Shri Spartacus Rajkumar Shende,
aged 31 years, r/o Thanegaon,
Tq. Armori, Dist. Gadchiroli.
4. Shri Premchand Tejram Lanje,
aged 49 years, r/o Okokadi,
Tq. Desaiganj, dist. Gadchiroli.
5. Shri Dushant Bhagwan Doijad,
aged 42 years, r/o c/o Shri Bhagwan
Balaji Diojad, Katli, Post Sakhara,
Dist. Gadchiroli.
6. Shri Sanjay Shamrao Samarth,
aged 40 years, r/o c/o Shri Shamraoji
Keshavraoji Samarth, Armori,
Dist. Gadchiroli.
7. Shri Prakash Tukaramji Masurkar,
aged 48 years, r/o At Bhansi,
Post Bhakrodi, Tq. Armori,
dist. Gadchiroli.
8. Shri Baba Maroti Bhoyar,
aged 47 years, r/o Bhurkhunda (K),
Tq. Rajura, Dist. Chandrapur.
9. Shri Sachin Rupeshwar Gurnule,
aged about 35 years, r/o Fiskuti,
Tq. Mool, Dist. Chandrapur.
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10. Shri Shrikrushna Pandurang Pawar,
aged 35 years, r/o Fiskuti, Tq. Mool,
Dist. Chandrapur.
11. Ashvini Anandrao Jadhav,
aged 39 years, r/o at Jivani,
Tq. Korpana, Dist. Chandrapur. .....PETITIONER
...V E R S U S...
1. The State of Maharashtra through
Secretary, Social Welfare Department,
Mantralaya, Mumbai-32.
2. The Director, Vimukta Jati, Nomadic Tribe,
Other Backward Class, Special Backward Class,
Maharashtra State Pune.
3. Special District Social Welfare Officer,
Gadchiroli, Dist. Gadchiroli.
4. Special District Social Welfare Officer,
Nagpur, Dist. Nagpur.
5. Special District Social Welfare Officer,
Chandrapur, Dist. Chandrapur. ...RESPONDENTS
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Mr. P. P. Thakare, Advocate for petitioners.
Mr. A. M. Joshi, A.G.P. for respondents-State.
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CORAM:- B. R. GAVAI & V. M. DESHPAND E, JJ.
DATED :- SEPTEMBER 21, 2016
ORAL JUDGMENT (Per : B. R. GAVAI, J.)
1. Rule. Rule returnable forthwith. Heard finally by consent
of the parties.
2. Perusal of various judgments delivered by this Court,
firstly in Writ Petition No.473/2004 dated 06.04.2004, the second
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one in Writ Petition No.1491/2001 decided on 04.11.2009, would
reveal that this Court has taken a view on the Government
Resolution that the State Government had itself relaxed the condition
of possessing D.Ed.qualification insofar as the Hostel Superintendents
are concerned.
3. It could thus be clearly seen that in view of the aforesaid
judgments, the petitioners, who are working as Hostel
Superintendents and who do not possess qualification of the D. Ed.
and possess the qualification of H.S.C., will have to be treated as
trained Hostel Superintendents. As such, we find that the
respondents have erred in paying salary of the untrained Hostel
Superintendents.
4. In the result, the writ petition is allowed. Rule is made
absolute in terms of prayer clause (4).
Needless to state that salary to be paid to the petitioners
as per the order passed by this Court, shall be paid from October-
2016 and the arrears shall be cleared within a period of six months.
(V. M. Deshpande, J.) (B. R. Gavai, J.)
kahale
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