Bombay High Court
Mandakini Keshav Valvi And Others vs The State Of Maharashtra And ... on 21 January, 2021
Bench: S.V. Gangapurwala, Shrikant Dattatray Kulkarni
922
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
922 WRIT PETITION NO.1156 OF 2021
SHALIGRAM RUKHA VALVI
VERSUS
THE STATE OF MAHARASHTRA AND OTHERS
AND
923 WRIT PETITION NO.1157 OF 2021
MANDAKINI KESHAV VALVI AND OTHERS
VERSUS
THE STATE OF MAHARASHTRA AND OTHERS
AND
925 WRIT PETITION NO.1159 OF 2021
VINOD SONUSING MALI AND ANOTHER
VERSUS
THE STATE OF MAHARASHTRA AND OTHERS
AND
931 WRIT PETITION NO.1165 OF 2021
PRAVIN GORAKHNATH AHIRE AND OTHER
VERSUS
THE STATE OF MAHARASHTRA AND OTHERS
AND
936 WRIT PETITION NO.1170 OF 2021
CHETAN BHATULAL MALI
VERSUS
THE STATE OF MAHARASHTRA AND OTHERS
AND
937 WRIT PETITION NO.1184 OF 2021
NITIN DATTATRAYA DEORE AND OTHERS
VERSUS
THE STATE OF MAHARASHTRA AND OTHERS
AND
WRIT PETITION NO.1299 OF 2020
SUNIL JAYSING VASAVE AND OTHERS
VERSUS
THE STATE OF MAHARASHTRA AND OTHERS
...
Advocate for Petitioner : Mr. N L Choudhari
AGPS for Respondents : Mr. P. S. Patil Mrs. V. S. Chaudhari, Mrs P. V.
Diggkar
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922
CORAM : S. V. GANGAPURWALA &
SHRIKANT D. KULKARNI, JJ.
DATE : 21st January, 2021
ORDER:
1. Mr. Chaudhari, the learned Advocate for the petitioners submits
that the petitioners are similarly situated as the petitioners in Writ petition
No. 5867/2015 and other connected writ petitions, decided under judgment
and order dated 31.10.2018.
2. Respective learned AGPs, upon going through the said judgment
and the petition, affirms that the petitioners are similarly situated as the
petitioenrs in writ petition No. 5867/2015 with connected writ petitions
decided under judgment and order dated 31.10.2018.
3. It is further submitted that the said judgment is confirmed by
the Apex Court. The SLP preferred by the State Government bearing
Diary No.12338/2020 is dismissed on 20 th August,2020. The Apex Court
has further observed that those who are appointed and regularized as
primary teacher shall acquire TET qualification within five years, in default,
the State Government shall terminate their services.
4. In the light of above, we follow the same course and pass following
order as is passed in Writ petition No.5867/2015.
ORDER
(i) The respondents shall regularize the services of the
petitioners who have completed ten years of service with effect
from the date they have completed ten years or the date of filing of
writ petition whichever is later.
(ii) Those petitioners who are terminated after completion of ten
years of service during the pendency of the writ petition shall be
reinstated and shall be granted regularization from the date they
have filed the petition or after completion of ten years of service
whichever is later.
(iii) For all practical purposes the services of the petitioners shall
be considered regular from the date as observed above. However,
we may not grant them actual financial benefit for the period prior
to the present order. They will be entitled for the regular pay scale
from 01.011.2018.
(iv) The respondents shall count the services of the petitioners
from their date of appointment continuously for counting ten years
of their service.
(v) The petitioners appointed and regularized as primary
teachers shall acquire the TET qualification within five years, in
default, the State Government shall terminate their services.
5. Writ petitions disposed of. No costs.
(SHRIKANT D. KULKARNI, J.) (S.V.GANGAPURWALA, J.)
JPC
