Dasaram Gonduji Atkari And Others vs Zilla Parishad, Bhandara Through ...
2021 Latest Caselaw 10640 Bom

                                                                                9wp1626.2021.odt
                                               1/3



                IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                          NAGPUR BENCH, NAGPUR.

                     CIVIL APPLICATION (CAW) NO.882 OF 2021
                                        IN
                       CIVIL WRIT PETITION NO.1626 OF 2021
       (Dasaram Gonduji Atkari and others Vs. Zilla Parishad, Bhandara and another)
__________________________________________________________________________
Office Notes, Office Memoranda of Coram,
appearances, Court's orders or directions               Court's or Judge's orders.
and Registrar's Orders.
                            Mr. Sachin Khandekar, Advocate for petitioners


                            CORAM : SUNIL B. SHUKRE AND
                                    ANIL S. KILOR, JJ.

DATE : 09th AUGUST, 2021.

CIVIL APPLICATION (CAW) NO.882 OF 2021

Heard.

2. For the reasons stated in the application, the application is allowed.

3. Legal heirs of petitioner Nos.18 and 24 be brought on record by carrying out suitable amendments in to the cause title, within one week from the date of the order and in any case before the notices are actually issued to the respondents.

4. The application is disposed of accordingly.

9wp1626.2021.odt

WRIT PETITION NO.1626 OF 2021

It is claimed that the petitioners are the retired Primary School Teachers entitled to have their pay-scales fixed at par with the pay-scale of a Graduate Primary Teacher and that they are also Graduate Primary Teachers. However, it is submitted by the petitioners that in spite of their entitlement, their pay- scales were not fixed accordingly.

2. A reliance has been placed upon the finding recorded by the learned Single Judge of this Court in the judgment dated 13.08.2019 rendered in Writ Petition No.4581 of 2018 wherein, the learned Single Judge, while considering the question of fixing of higher pay-scales and selection grade pay-scales of the primary teachers with reference to the education qualifications obtained either on the date of the initial appointment or during the course of service held, after considering the Government Resolutions dated 14.11.1979, 02.09.1989 and 20.07.2004, that the petitioners in that case could not be placed in a disadvantageous position, despite having improved their educational qualifications, while benefits have been given to the Junior Primary Teachers.

3. Issue notice for final disposal at the

9wp1626.2021.odt

admission stage to the respondents, returnable after four weeks.

                                           JUDGE                        JUDGE
nd.thawre