Bombay High Court
Gajanan Namdeorao Kshirsagar And ... vs The State Of Maharashtra Thr. ... on 8 January, 2018
Bench: Vasanti A. Naik
WPs 1989&2130/17 1 Judgment
IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
NAGPUR BENCH, NAGPUR.
WRIT PETITION No. 1989/2017
1. Sunil S/o Gomaji Latare,
Aged 43 years, Occ. Service as
Assistant Teacher,
R/o. Chandala, Post Bodhli, Tah.
and District Gadchiroli.
2. Raju S/o Balaji Chaudhari,
Aged 46 years, Occ. Service as
Assistant Teacher,
R/o. Vairagad, Tah. Armori,
District Gadchiroli. PETITIONERS
.....VERSUS.....
1. The State of Maharashtra,
through its Secretary,
Social Welfare Department,
Mantralaya, Mumbai.
2. The Director of Social Welfare,
Maharashtra State, Pune.
3. The Divisional Social Welfare Officer,
Nagpur Division, Nagpur.
4. The Assistant Commissioner/
Special District Social
Welfare Officer, Gadchiroli,
District Gadchiroli. RESPONDENTS
WITH
WRIT PETITION No. 2130/2017
1. Gajanan Namdeorao Kshirsagar,
Aged 45 years, Occ. Service as
Assistant Teacher,
R/o. Shriram Ashram School Manora,
Tq. Ballarsha, District - Chandrapur.
2. Dnyaneshwar Kisan Dahule,
Aged 43 years, Occ. Service as
Assistant Teacher,
R/o C/o Sudhakarrao Naik Ashram
School Lakkadkot, Tah. Rajura,
District Chandrapur.
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WPs 1989&2130/17 2 Judgment
3. Rajeshwar, Hirasingh Chavhan,
Aged 50 years, Occ. Service as
Assistant Teacher,
R/o C/o Late Vasantrao Naik Ashram
School Chandanwahi, Tq. Rajura,
Distt. Chandrapur.
4. Ramdas Murlidhar Urkude,
Aged 42 years, Occ. Service as
Assistant Teacher,
R/o C/o Sangada Patil Ashram
School Kawadgondi, Tah. Rajura,
District-Chandrapur.
5. Vijay Khanduji Satpudke,
Aged 52 years, Occ. Service as
Assistant Teacher,
R/o C/o Late Vasantrao Naik Ashram
School Chandanwahi, Tah. Rajura,
District-Chandrapur.
6. Ramesh Gosavi Taksande,
Aged 52 years, Occ. Service as
Assistant Teacher,
R/o C/o Priyadarshani Indira Gandhi
Ashram School Borkunda, Tah. Rajura,
District-Chandrapur. PETITIONERS
.....VERSUS.....
1. The State of Maharashtra,
through its Secretary,
Social Welfare Department,
Mantralaya, Mumbai.
2. The Director of Social Welfare,
Maharashtra State, Pune.
3. The Divisional Social Welfare Officer,
Nagpur Division, Nagpur.
4. The Assistant Commissioner/
Special District Social
Welfare Officer, Chandrapur,
District Chandrapur. RESPONDENTS
Shri R.N. Ghuge, counsel for the petitioners.
Shri B.M. Lonare and Shri Shyam Bissa, Assistant Government Pleaders for the
respondents.
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WPs 1989&2130/17 3 Judgment
CORAM :SMT.VASANTI A NAIK AND
A.D. UPADHYE, JJ.
DATE : 8 TH JANUARY, 2018.
ORAL JUDGMENT (PER : SMT.VASANTI A. NAIK, J.)
RULE. Rule made returnable forthwith. The petition is heard
finally at the stage of admission with the consent of the learned counsel
for the parties.
2. By this petition, the petitioners seek a direction to the
respondents to grant the scale of trained teacher to the petitioners from
the date of their initial appointment. The petitioners seek a direction to
the respondents to pay the consequential benefits to the petitioners as
early as possible.
3. The petitioners had secured the B.P.Ed. Qualification and
were appointed as Primary Teachers in the Ashram Schools, after
following the due procedure. The services of all the petitioners are said
to have been approved by the Education Authorities. While in service, the
petitioners secured the D.Ed. Training Qualification. According to the
petitioners, as the petitioners were appointed on the basis of B.P.Ed.
Qualification which they possessed at the relevant time, in view of the
judgment of the Hon'ble Supreme Court and several judgments of this
Court, the petitioners are entitled to the scale of 'Trained Teachers' from
WPs 1989&2130/17 4 Judgment
the date of their initial appointment. It is stated that the consequential
benefits should be released in favour of the petitioners as a result of the
grant of the scale of trained teachers to the petitioners from the date of
their initial appointment. It is stated that the issue involved in this case
was also involved in the cases in the judgments annexed to the writ
petition as also the judgment dated 04.02.2016 in Writ Petition No.6355
of 2014 rendered by the Aurangabad Bench of this Court.
4. The learned Assistant Government Pleaders appearing on
behalf of the respondents do not dispute that the issue involved in this
case was also involved in the decisions annexed to the writ petition as
also the judgment dated 04.02.2016 in Writ Petition No.6355 of 2014. It
is stated that an appropriate order may be passed in the circumstances of
the case.
5. On hearing the learned counsel for the parties and on a
perusal of the judgments annexed to the writ petition as also the
judgment dated 04.02.2016 in Writ Petition No.6355 of 2014, it appears
that the relief sought by the petitioners needs to be granted. The issue
involved in this case stands answered in favour of the petitioners by the
judgments annexed to the writ petition and by the aforesaid judgment
dated 04.02.2016.
WPs 1989&2130/17 5 Judgment
6. Hence, for the reasons recorded in the judgment
dated 03.02.2015 in Writ Petition No.3504 of 2014, the judgment
dated 12.03.2008 in Writ Petition Nos.6437 of 2007 and 1154 of 2008,
and the judgment dated 04.02.2016 in Writ Petition No.6355 of 2014, we
allow the writ petitions. The respondents are directed to grant the pay-
scale of 'Trained Primary Teacher' (D.Ed.), to the petitioners from the
date of their initial appointment. The difference of arrears of salary
should be paid to the petitioners as early as possible and preferably within
a period of six months from the date of this judgment.
Rule is made absolute in the aforesaid terms with no order as
to costs.
JUDGE JUDGE
APTE
