Bombay High Court
Maroti Namdeo Yeole And Others vs State Of Maha. Through Its ... on 20 July, 2017
Bench: V.A. Naik
wp4595.15.odt
1
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH AT NAGPUR
WRIT PETITION NO.4595/2015
PETITIONERS : 1. Maroti Namdeo Yeole,
Shiwani Ashram School,
Bhisi, Ta. Chimur, Dist. Chandrapur (M.S.).
2. Mr. Ramesh Tulshiram Nanne
Gramgeeta Ashram School Gondeda,
Tq. Chimur, Dist. Chandrapur (M.S.).
3. Mr. Suresh Namdeo Dange,
Gramgeeta Ashram School Gondeda,
Tq. Chimur, Dist. Chandrapur (M.S.).
4. Mr. Vilas Yadva Borkar,
Swami Vivekanand Ashram School
Palasgaon (P), Ta. Chimur,
Dist. Chandrapur (M.S..)
5. Mr. Milind Suresh Misar,
Swami Vivekanand Ashram School
Palasgaon (P), Ta. Chimur,
Dist. Chandrapur (M.S.).
6. Mr. Rajakumar Laxman Bhaisare
Gramgeeta Ashram School, Gondeda,
Ta. Chimur, Dist. Chandrapur (M.S.).
7. Mr. Suresh Rambhau Kohad
Anu. Adiwasi Ashram Shala, Gordapar,
Ta. Chimur, Distt. Chandrapur (M.S.).
8. Mr. Vilas Dashrath Kamdi,
Anu. Adiwasi Ashram School, Nawatala,
Ta. Chimur, Dist. Chandrapur (M.S.).
9. Mrs. Ku. Usha Vasudeorao Pathode,
Matoshri Laxmibai Adiwasi Ashram
School, Kampa Th. Nagbhir, Chandrapur.
::: Uploaded on - 31/07/2017 ::: Downloaded on - 08/08/2017 00:40:46 :::
wp4595.15.odt
2
10. Mr. Jagdish Baburao Kore,
Matoshri Laxmibai Adivasi Ashram School,
Kampa Th. Nagbhir, Dist. Chandrapur.
11. Mr. Vasant Raghoba Masram,
M.L. Adivasi Ashram School, Kampa,
Th. Nagbhir, Dist. Chandrapur.
12. Mr. Satish Suresh Pawar,
Anu, Ashram School, Chandala,
Dist. Gadchiroli.
13. Mr. Raju Zhama Chaple,
(Adivasi Gramin Jivan Vikas Shikshan
Sanstha, Karpda)
Mr. Raju Zama Chaple,
R/o C/o Priti Adiwasi Madhyamik Ashram
School, Armori, Dist - Gadchiroli.
(Amendment carried out as per Hon'ble
Court's order dt. 09/02/2016 thereby supplied
correct address of Petitioner No.13).
...VERSUS...
RESPONDENTS : 1. State of Maharashtra, through its Secretary,
Department of School Education, Mantralaya,
Mumbai - 32.
2. Director of Education, Maharashtra State,
Pune.
3. State of Maharashtra, through its
Secretary, Department of Tribal Welfare
Development, Mantralaya, Mumbai - 32.
4. Commissioner, Tribal Welfare, Department,
Nashik.
5. The Additional Commissioner, Tribal Welfare
Development, Nagpur Division, Nagpur.
::: Uploaded on - 31/07/2017 ::: Downloaded on - 08/08/2017 00:40:46 :::
wp4595.15.odt
3
6. The Project Officer Tribal Welfare
Department, Chimur District, Chandrapur.
7. The Project Officer, Tribal Welfare
Department, Gadchiroli.
8. Shiwani Ashram School, Through
its Head Master, Bhisi, Tal. Chimur,
Dist. Chandrapur (M.S.).
9. Ashram School Gondeda,
Through its Head Master,
Ta. Chimur, Dist. Chandrapur (M.S.).
10. Swami Vivekanand Ashram School
Through its Head Master,
Palasgaon (P), Ta. Chimur,
Dist. Chandrapur (M.S.).
11. Goamgeeta Ashram School,
Through its Head Master, Gondeda,
Ta. Chimur, Dist. Chandrapur (M.S.).
12. Anu Adiwasi Ashram Shala,
Through its Head Master, Gordapar,
Ta. Chimur, Dist. Chandrapur (M.S.).
13. Matoshri Laxmibai Adiwasi Ashram
School, Through its Head Master,
Kampa Th. Nagbhir, Chandrapur.
14. Mr. Vasant Rahoba Masram, through
its Head Master, M.L. Adivasi Ashram School,
Kampa, Th. Nagbhir, Dist. Chandrapur.
15. Anu Ashram School, Through
its Head Master, Chandala, Dist. Gadchiroli.
16. Adivasi Gramin Jivan Vikas Shikshan
Sanstha, Through its Head Master,
(Karpada, Gadchiroli District)
::: Uploaded on - 31/07/2017 ::: Downloaded on - 08/08/2017 00:40:46 :::
wp4595.15.odt
4
Priti Adivasi Madhyamik Ashram School,
Armori, Dist-Gadchiroli, through its Head Master.
(Amendment carried out as per Hon'ble Court's
order dt :09/02/2016 thereby supplied correct
address of Respondent No.16).
-----------------------------------------------------------------------------------------------------
Shri Rohit Vaidya, Counsel h/f Shri Anand Parchure, Counsel for petitioners
Mrs. H.N. Prabhu, AGP for respondent nos.1 to 7
-----------------------------------------------------------------------------------------------------
CORAM : SMT. VASANTI A NAIK AND
ARUN D. UPADHYE, JJ.
DATE : 20.07.2017
ORAL JUDGMENT (PER : SMT. VASANTI A. NAIK, J.)
By this petition, the petitioners seek a declaration that they
are entitled to be treated as trained teachers from the date of their
respective appointments and are entitled to the consequential monetary
benefits including the benefit of time-bound promotion.
When the petitioners were appointed as teachers in the
Ashram Schools, the petitioners possessed B.P.Ed. and some other basic
qualifications. In the appointment orders, the petitioners were asked to
secure D.Ed. qualification within a specific time-frame. All the petitioners
have secured the D.Ed. qualification within the time prescribed. According
to the petitioners, though they had secured the requisite training
qualification of D.Ed. within the time-frame, they were not treated as
trained teachers from the date of their appointments and were treated as
trained teachers only from the dates on which they acquired the D.Ed.
wp4595.15.odt
qualification. It is the case of the petitioners that in view of the judgments
rendered by this Court from time to time, the petitioners would be
entitled to be treated as trained teachers from the dates of their
appointment and would be entitled to all other consequential benefits.
Shri Vaidya, the learned Counsel for the petitioners has
relied on the judgment dated 3/2/2015 in Writ Petition No.3504/2014
and the judgment rendered by the Aurangabad Bench on 4/2/2016 in
Writ Petition No.6355/2014 to submit that the issue involved in this case
stands answered in favour of the petitioners by the said decisions. It is
submitted that though the Government Resolution dated 11/11/2011
does not make a specific reference to the Tribal Development Department
of the State Government, this Court has held in the aforesaid judgment
that the said Government Resolution would apply to the Tribal
Development Department also. It is stated that the Ashram Schools fall
under the Tribal Development Department and since the petitioners had
secured the B.P.Ed. qualification before their appointments were made, in
view of the law laid down in the judgment dated 4/2/2016 in Writ
Petition No.6355/2014 by which the B.P.Ed. qualification-holder teachers
were given the status of trained teachers from the dates of their
appointment, the petitioners are also entitled to be treated as trained
teachers from the dates of their appointment.
wp4595.15.odt
Mrs. Prabhu, the learned Assistant Government Pleader for
the respondent nos.1 to 7 does not dispute the position of law, as laid
down by the judgments dated 3/2/2015 in Writ Petition No.3504/2014
and dated 4/2/2016 in Writ Petition No.6355/2014. It is fairly admitted
that the present matter and the matter before the Aurangabad Bench in
Writ Petition No.6355/2014 was similar.
We have perused the judgments on which the learned
Counsel for the petitioners has relied on. In view of the said judgments, it
would be necessary to hold that the petitioners are entitled to be treated
as trained teachers from the dates of their appointment.
Hence, for the reasons aforesaid and for the reasons
recorded in the judgments dated 3/2/2015 in Writ Petition
No.3504/2014 and dated 4/2/2016 in Writ Petition No.6355/2014, this
writ petition is allowed. It is hereby held that the petitioners would be
entitled to be treated as trained teachers from the dates of their
appointment. It is needless to mention that all the other benefits that
would flow from the aforesaid order should be granted to the petitioners.
Rule is made absolute in the aforesaid terms with no order
as to costs.
JUDGE JUDGE
Wadkar
