Bombay High Court
Kamala Jagannath Chimangaonkar vs Rayat Shikshan Sanstha And Ors on 13 July, 2017
Bench: A.A. Sayed
wp 7611-03.doc
DDR
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO.7611 OF 2003
Mrs. Kamal Jagannath Chimangaonkar
Age : 58 years, Occ. : Service,
residing at "Shrihari Niwas", 221-A,
Guruwar Peth, Satara City - 415 002. ...Petitioner
VERSUS
1. Rayat Shikshan Sanstha,
at Powai Naka, Post Tal.
and Dist. Satara.
(Through the Secretary)
2. The Head Master,
Karmaveer Bhaurao Patil Vidyalaya
At and Post : Bhuinj, Tal. Wai, Dist. Satara.
3. State of Maharashtra
through the Deputy Director of
Education, Kolhapur
4. Education Officer (Secondary)
Zilla Parishad, Satara. ...Respondents
Ms. Devyani Kulkarni, Advocate appointed by Court for
Petitioner-in-person.
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CORAM : A.A.SAYED AND
M.S.KARNIK, JJ.
RESERVED ON : 6th JULY 2017
PRONOUNCED ON : 13th JULY 2017
ORDER (PER M.S. KARNIK, J.) :-
The petitioner-Assistant Teacher who was working
with the school run by Respondent no.1-Management has filed
this petition for grant of B.Ed. Scale with effect from the date
when the petitioner became eligible for such scale.
2. The petitioner was appointed as an Assistant Teacher
w.e.f. 1st July 1974. In 1977, the petitioner obtained B.A. Degree.
It is the case of the petitioner that during 1974-1994, she was
transferred eight times. On 4th Jun, 1981, a letter was written by
the respondent-Management stating that the petitioner is
eligible for the promotion to B.Ed. Scale. By the Memo dated
27/7/1981 the respondent- Management decided to promote
the petitioner to the B.Ed. Scale of Rs.365-15-500-20-660-
Extn.20-760 w.e.f. 1/8/1981. On 5 th September, 1981,
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Educational Officer granted approval w.e.f. 7th September 1981
for the promotion of the petitioner from D.Ed. Scale to B.Ed.
Scale. On 1st September, 1982 the petitioner was transferred
from Manchar, District Pune to Mahatma Gandhi Vidyalay,
Pachavad, Taluka- Wai, District - Satara. From 1st September
1982 the petitioner started receiving salary in the D.Ed. Scale
again and not in B.Ed. Scale. On 30 th December, 1989, she was
transferred to New English School, Vaduth, Taluka and District
Satara. On 30th December, 1989 the petitioner made
representation requesting that she may be granted salary as per
B.Ed. Scale.
3. The petitioner obtained B.Ed. Degree in 1994. From
1st October, 1994, the petitioner was not allowed to resume
duties and therefore, she filed an Appeal before the School
Tribunal. The School Tribunal was pleased to allow the Appeal
No.2/1995 vide order dated 23/4/2001 and granted
reinstatement with full backwages from 1st October, 1994 upto
30/8/1997 and at the rate of 25% of the backwages for the
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subsequent period i.e. from 1/9/1997 till her reinstatement.
4. It is the petitioner's case that she was granted the
B.Ed. Scale on 4th June, 1981 and paid accordingly for one year.
The respondents are not justified in then paying her in the D.Ed.
Scale. The petitioner therefore prays that she may be paid as per
B.Ed. Scale.
5. The respondent- Management denied the claim of
the petitioner. According to the Management, in 1982 when she
was transferred to Mahatma Gandhi Vidyalaya, District-Satara
there was no vacancy of the Assistant Teacher in B.Ed. Scale
therefore the respondent was justified in paying her as per D.Ed.
Scale. In so far as grant of the B.Ed. Scale is concerned, they
have already submitted a proposal on 20th October 2001 to the
Education Officer. In the said proposal it is pointed out that one
Shri Pisal was promoted w.e.f. 1st January 1994 and therefore
there is one vacancy in the B.Ed. Scale. A proposal was therefore
submitted to pay to the petitioner in B.Ed. Scale.
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6. When the Petition came up for hearing we inquired
about status of the proposal which is submitted. It was pointed
out by the learned Counsel for the Management that there are
some deficiencies in the proposal and the petitioner has not co-
operated as a result the proposal was returned back.
7. The petitioner has prayed that she may be granted
B.Ed. Scale from 1982. We are not inclined to entertain this
request as the petitioner has not taken any steps and for a long
time did not make any grievance about non payment of B.Ed.
Scale from 1983.
8. It appears that the petitioner was transferred at her
request and she was accommodated at her husband's place of
posting. However, as the petitioner has obtained B.Ed. Degree
from 1994 her case for grant of B.Ed. Scale as per the proposal
of the Management from 12/2/1994 is required to be
considered in the interest of justice. Hence in our opinion the
following order will meet the ends of justice.
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ORDER
1. The Management to submit a fresh proposal in
respect of the Petitioner duly completed for the grant of
B.Ed. Scale w.e.f. 12/02/1994 to the Educational Officer
(Secondary) Zilla Parishad, Satara, within a period of 4
weeks from today. The Petitioner to co-operate with the
Respondents.
2. The Education Officer may take a decision on the
said proposal within a period of six weeks from the date
of receipt thereof on its own merits.
3. On approval of the proposal the arrears of the
salary may be paid to the petitioner within a period of
eight weeks from the date of the order.
4. The Petition is disposed of. Rule made absolute on
the above terms.
9. In this matter we had requested Ms. Devayani
Kulkarni, learned Counsel to assist us on behalf of the Petitioner
as the Petitioner was not in a position to engage a Lawyer. She
has graciously accepted our request. We place on record our
appreciation for the able assistance rendered by Learned
Counsel Ms. Devayani Kulkarni in this matter.
(M.S.KARNIK, J.) (A.A.SAYED, J.)
