Bombay High Court
Rajeshwar Nagnath Reddy vs The State Of Mah & Ors on 7 November, 2017
Bench: R.V. Ghuge
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
WRIT PETITION NO. 2115 OF 2006
Rajeshwar s/o Nagnath Reddy
Sangangire,
Age : 35 years,
Occupation : Assistant Teacher,
R/o Sambhaji Society,
Nideban Road, Behind Ambedkar School,
Dandeme Niwas, Udgir,
Tq.Udgir, District Latur.
...PETITIONER
-VERSUS-
1 The State of Maharashtra.
Education Department (Secretary),
Through Secretary, Mantralaya,
Mumbai.
2 Babasaheb Naik Banjara Shikshan
Sanstha, Nagalgaon,
Post and Taluka Udgir,
District Latur.
Through its Secretary.
3 Late Virbhanmama Primary Ashram
School, Mallapur, Tq.Udgir,
District Latur.
Through its Headmaster.
4 Maharashtra Rajya Shikshanik Sanshodhan
va Prashikshan Parishad, Pune.
through its Sanchalak.
5 The Special District Social
Welfare Officer, Latur.
...RESPONDENTS
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...
Advocate for the Petitioner : Dr.R.J.Godbole.
AGP for Respondents 1, 4 and 5 : Shri Y.G.Gujrathi.
...
CORAM: RAVINDRA V. GHUGE
AND
SUNIL K. KOTWAL, JJ.
DATE :- 07th November, 2017
Oral Judgment :
1 By this petition, the Petitioner prays for quashing the order
dated 09.08.2005 passed by Respondent No.5 and the order dated
11.08.2005 passed by Respondent No.3 directing the Petitioner to refund
the excess amount that was paid to him as his salary.
2 The learned Advocate for the Petitioner submits that the
impugned orders have been passed on the ground that the Petitioner
should have acquired the qualification of Diploma in Education (D.Ed.). It
is submitted that the Petitioner has the qualifications of Bachelor of
Science (B.Sc.) and Bachelor of Education (B.Ed.) and is working in an
Ashram School to which the Government Resolutions introduced by the
Education Department would not be applicable. He submits that such
Government Resolutions with reference to the Ashram Schools alone
would be applicable to the employees employed in such Ashram Schools.
3 By order dated 26.04.2006, this Court granted ad-interim
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relief to the Petitioner as against the proposed recovery. By order dated
10.07.2006, this petition was admitted and the interim relief in terms of
prayer clause (D) was granted, to be continued till the disposal of the
petition.
4 It is submitted by the learned Advocate for the Petitioner that
for the last more than 11 years, the Petitioner is being paid his salary as is
payable to a trained teacher.
5 The judgment of this Court dated 06.05.2004 in the matter of
Tukaram Tryambak Chaudhari vs. State of Maharashtra and others, Writ
Petition No.4632/1999 and large group of petitions is placed on record,
wherein, the issue of qualification as regards B.Ed. and D.Ed. was
considered. After recording the facts of the case in paragraph 2 and
considering the earlier judgment dated 12.09.2002 in the matter of
Kondiba Dattatraya Mirashe vs. State of Maharashtra and others, 2003 (2)
Mh.L.J. 432, it was observed by this Court in Tukaram Chaudhari's case
(supra) as under:-
"4. Considering the above, we are of the opinion that in
schools having standards 1 to 7, it is permissible to
appoint one teacher having B.Ed./ B.Sc. in terms of the
Government Circular as now interpreted by this Court.
Considering that all such teacher who were appointed
and who possess graduate qualification with B.A., B.Sc.
and also B.Ed. are entitled to be treated as trained
teachers and will be continued to be paid salary as
trained teachers. In the light of that the various orders
issued directing that the teachers be paid in the untrained
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pay scale are set aside."
6 It is thus, concluded that the candidates who possess the
qualification of BA/B.Sc. and B.Ed. are duly qualified and are eligible to
receive their salary as trained teachers from the dates on which they are
appointed, along with the consequential benefits. These observations in
paragraph 5 of Tukaram Chaudhari's case (supra) read as under:-
"5. Consequently, all the impugned orders in the various
petitions are set aside and it is held that the teachers who
possess B.A./ B.Sc. and B.Ed. qualification are duly
qualified and are eligible to continue to receive their
salary as trained teachers from the date on which they
were appointed along with all consequential benefits and
will be continued to be paid in the trained graduate scale.
If the benefits have been withdrawn they will be paid the
difference and any other consequential benefits at any
rate within sixteen weeks from today."
7 The learned AGP points out that the judgment in Tukaram
Chaudhari's case (supra) was subjected to a challenge before the
Honourable Supreme Court in Petitions for Special Leave to Appeal (Civil)
Nos.12084-12104 of 2004 . He, however, fairly states that the said Special
Leave Petitions challenging the judgment of this Court in the group of
matters have been dismissed by the Honourable Supreme Court on
20.02.2007.
8 Considering the above and in the light of the above interim
relief granted by this Court, this Writ Petition is allowed. The impugned
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orders dated 09.08.2005 and 11.08.2005 are quashed and set aside.
9 Rule is made absolute in the above terms.
kps (SUNIL K. KOTWAL, J.) (RAVINDRA V. GHUGE, J.)
