Bombay High Court
Pavji Soma Khandvi Dead Through Lr ... vs The State Of Maharashtra Thru The ... on 5 February, 2021
Bench: S.C. Gupte, Surendra Pandharinath Tavade
36.WPST.1570.2021 aw.WPST.1572.2021.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION (STAMP) NO.1570 OF 2021
Pavji Soma Khandvi & Ors. ....Petitioners
vs.
The State of Maharashtra & Ors. ...Respondents
ALONGWITH
WRIT PETITION (STAMP) NO.1572 OF 2021
Bhiva Shivram Bamhane & Ors. ....Petitioners
vs.
The State of Maharashtra & Ors. ...Respondents
Mr. Balaji S. Shinde for the Petitioners in both writ petitions.
Ms. S.S. Bhende, AGP for Respondent-State in WPST/1570/2021.
Mr. N.C. Walimbe, AGP for Respondent Nos.1 to 3 in WPST/1572/2021.
Mr. A.R. Kapadnis for Respondent Nos.4 and 5.
CORAM : S. C. GUPTE AND
SURENDRA P. TAVADE, JJ.
DATE : 5 FEBRUARY 2021.
P.C.
1. Heard learned counsel for the Petitioners, learned counsel for the
Respondent Nos.4 and 5 and learned AGP for the Respondent-State.
Rule. Rule taken up for hearing forthwith by consent of counsel.
2. The Petitioners are retired teachers who were working with
schools conducted by Zilla Parishad, Nashik. They were working as
Assistant Untrained Teachers. They were originally appointed on the
condition that they would complete D.Ed. course. They, however, could
not complete the course or acquire that qualifcation. They, however,
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36.WPST.1570.2021 aw.WPST.1572.2021.doc
duly served under Respondent Nos.4 and 5 Zilla Parishads and
superannuated from the service as of the dates given in a chart in
paragraph 2 of the petition. The total service rendered by the Petitioners
is for anywhere between 25 and 38 years. The Petitioners' grievance is
that their case is no diferent from the case of untrained teachers
appointed under Zilla Parishads prior to June 1972, who were entitled to
pensionary benefts under the GR of 04.10.1983. In the case of
Umabhai R. Deshmukh vs. State of Maharashtra (Writ Petition
No.6143 of 2016), Aurangabad bench of this Court, after considering the
judgment of the Supreme Court in D.S. Nakara & Ors. vs. Union of India,
reported in 1983(1) SCC, 305, bearing on the issue, held that the cut-of
date for making pensionary benefts applicable to untrained teachers,
namely, 01.07.1972, cannot be said to have any nexus with the object
sought to be achieved under the provisions made in the GR. The Court
observed that the Petitioners before it having been appointed after
following due selection process and treated as regular employees
working and ofciating on substantive vacant posts till their respective
superannuations, some of them having even been promoted as Head
Masters, retiral benefts could not be denied to them on the ground that
they did not posses necessary qualifcations. The Respondents were
directed to consider the case of each of the Petitioners for pensionary
benefts and restrained from refusing such benefts on the ground that
the concerned untrained teachers did not possess the requisite
qualifcation.
3. Learned counsel for Respondent Nos.4 and 5, who alone have to
showcause, does not dispute that the case of the present Petitioners is
covered by the aforesaid decision of Aurangabad bench. The Petitioners
in the present case, though appointed after the cut-of date, i.e. 30 June
1972, were all appointed after following due process of selection; they
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were all treated as regular employees working and ofciating in their
respective posts till the dates of their superannuation.
4. Rule is accordingly made absolute and the petition is allowed by
directing the Respondents to consider the case of each of the Petitioners
for pensionary benefts. Such benefts shall not be denied to any of the
Petitioners on the ground that they did not possess the necessary
qualifcation of a trained teacher. Their cases shall be considered as
expeditiously as possible and preferably within a period of eight weeks
from today.
5. The petition is disposed of in the above terms.
(SURENDRA P. TAVADE, J) (S.C. GUPTE, J.)
Digitally
Aarti signed by
Aarti G. Palkar
G. Date:
2021.02.09
Palkar 14:20:54
+0530
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