Bombay High Court
Subhash Keshaorao Yenurkar, ... vs The P.O.Intigrated Tribal Dev. ... on 10 August, 2017
Bench: Ravi K. Deshpande
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH : NAGPUR
WRIT PETITION NO.1463 OF 2002
Subhash S/o. Keshaorao Yenurkar,
Aged about 36 years, Occ. : Service,
R/o. Bhokarbardi, Tah. Dharni,
Dist. Amravati. ... PETITIONER
.. Versus ..
1) The Project Officer, Intigrated
Tribal Development Project, Dharni,
2) Rashtrasant Tukdoji Maharaj
Shikshan Sanstha, Gurukunj
Ashram, Tah. Tiwsa,
Dist. Amravati. ... RESPONDENTS
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Mr. S.N. Tapadia, Advocate holding for Mr. V.V. Bhangde,
Advocate for Petitioner.
Mr. C.A. Lokhande, Advocate for Respondent No.1.
None for Respondent No.2
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CORAM : R.K. DESHPANDE &
MANISH PITALE, JJ.
DATED : August 10, 2017.
ORAL JUDGMENT (Per R.K. Deshpande)
The challenge in this petition is order dated
16.03.2002 passed by the Project Officer revoking the approval
granted to the appointment of petitioner as Head Master on
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21.02.1995. The petitioner claims that he should be restored
back to the scale of Rs.5500-9000 with effect from 01.01.1996.
2. The petitioner was appointed as Assistant Teacher on
19.06.1989 in primary school run by respondent No.2-society.
This appointment was approved by the Project Officer on
02.02.1990.
3. The petitioner was thereafter promoted to the post of
Head Master, which was approved by the Project Officer on
21.02.1995. There was earlier round of litigation with which we
are not concerned now. However, the fact remains that on
30.03.2001 the approval granted to the post of Head Master was
revoked on the ground that petitioner did not possess D.Ed.
qualification, which was essential for appointment as Primary
School Teacher. Consequently, the scale of petitioner was also
reduced to Rs.3200-4900 and this is the subject matter of
challenge in this petition.
4. The question as to whether the petitioner was
qualified to hold the post of Trained Teacher in Primary School
no longer remain res integra in view of the decision of the Apex
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Court in State of Maharashtra and others vs. Tukaram
Trymbak Chaudhari and others, reported in (2007) 9 SCC
201, wherein it is held that, a person possessing B.Ed. Degree as
a training qualification can be considered as qualified to teach at
primary school as a Trained Graduate Teacher.
5. In view of this, the order dated 16.03.2002 passed by
respondent No.1-Project Officer cannot be sustained and the
same will have to be quashed and set aside by restoring the
earlier order dated 21.02.1995 and directing the placement of
petitioner in the scale of Rs.5500-9000 with effect from
01.01.1996.
6. We are informed that by virtue of interim order the
petitioner was promoted on the post of Head Master and he
continued to hold the said post and drawing the scale of
Rs.5500-9000 with effect from 01.01.1996.
7. In the result, this writ petition is allowed. The order
dated 16.03.2002 passed by the Project Officer is quashed and
set aside. The order dated 21.02.1995 is restored. The
placement of the petitioner in the scale of Rs.5500-9000 which is
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from 01.01.1996 is made confirmed.
8. Rule is made absolute in above terms. No order as to
costs.
JUDGE JUDGE
waghmare
