Nilesh S/O Bhaiyaji Jununkar And ... vs Zilla Parishad Yavatmal Thr. ...
2022 Latest Caselaw 796 Bom

                                                                 19Judwp 3145.2021.odt
                                           1

              IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                        NAGPUR BENCH : NAGPUR

                     WRIT PETITION (WP) NO. 3145/2021

1.        Nilesh S/o Bhaiyaji Jununkar,
          Aged 43 years, Occupation: Teachers,
          presently working at Zilla Parishad
          Higher Primary School, Kinhala,
          Tq. Kalamb, District, Yavatmal.
2.        Shrikant S/o Shankarrao Kothekar,
          Aged about 43 years,
          Occupation: Teacher, presently
          working at Zilla Parishad Primary
          School, Parsodi, Tq. Kalamb,
          District : Yavatmal.
3.        Sandeep S/o Shankarrao Ghordade,
          Aged 43 years, Occupation : Teacher
          Zilla Parishad Higher Primary School,
          Mendhale, Tq. Kalamb,
          District : Yavatmal.                                 ..... PETITIONER(S)

                                   // VERSUS //

1.       Zilla Parishad Yavatmal,
         District : Yavatmal
         Through its Chief Executive Officer,

2.       The Education Officer [Primary],
         Zilla Parishad, Yavatmal,
         District : Yavatmal,

3.       The State of Maharashtra,
         Through the Secretary, Department of
         School Education and Sports,
         Mantralaya, Mumbai                                 .... RESPONDENT(S)
---------------------------------------------------------------------------------------
Shri K.S. Narwade, Advocate for the petitioners
None for respondent no. 1
Shri V.M. Kulsange, Advocate for respondent no. 2
Miss. Nivedita P. Mehta, AGP for respondent no. 3/State
---------------------------------------------------------------------------------------


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                                                             19Judwp 3145.2021.odt
                                       2

                           CORAM :         A. S. CHANDURKAR AND
                                           PUSHPA V. GANEDIWALA, JJ.

DATED : 20/01/2022

ORAL JUDGMENT : (PER:- A. S. CHANDURKAR, J.)

Rule. Rule made returnable forthwith. Heard the learned

counsel for the parties.

2 The petitioners are engaged as Primary School Teachers

with Zilla Parishad, Yavatmal and discharging their duties as such. On

13.10.2016, the State Government issued a Circular with a view to

encourage teachers to obtain Graduate qualification which would entitle

them for Graduate Pay Scale. It is the case of the petitioners that they

alongwith various other similarly situated Primary School Teachers

exercised their options for obtaining Graduate qualification. List of such

Primary School Teachers was accordingly published on 06.05.2017 by

Zilla Parishad which included the names of these three petitioners. It is

further case of the petitioners that they have now obtained their

respective Degrees by pursuing the requisite course with the Indira

Gandhi National Open University (for short the "University") after

passing the final examination. The said University has issued the

Statement of Marks as well as the Provisional Certificates

communicating that the candidates named therein had successfully

SMGate 19Judwp 3145.2021.odt

completed the Degree Course.

3. The grievance of the petitioners is that despite submission

of the Provisional Certificates, their names have not been included in the

Seniority list which is prepared for grant of Graduate Pay Scale to such

teachers.

4. After notice was issued in the writ petition, the Zilla

Parishad has filed it's reply in which it has been stated that unless actual

Degrees obtained by the petitioners are produced, the petitioners would

not be entitled to seek their placements in the Seniority list. It is further

stated that in the Provisional Seniority List dated 09.08.2021 the names

of those teachers who had passed the B.Sc. Examination were included.

5. On hearing the learned Counsel for the parties, it is found

that the Circular dated 13.10.2016 holds Primary Teachers entitled to

Graduate Pay Scale after obtaining the requisite Degree. The petitioners

after passing the final examination leading to the Degree in Bachelor of

Science have been issued Provisional Certificates by the University. The

issuance of Degree by the University would require sometime and hence,

there is no reason to deprive the petitioners of the right to be placed in

the Seniority list. Since issuance of the Degree by the University is not

within the control of the petitioners, the following order would meet the

ends of justice:-

SMGate 19Judwp 3145.2021.odt

(i) Respondent nos. 1 and 2 shall accept the Provisional Certificates

that have been issued to the petitioners indicating successful completion

of the final examination and entitlement to Degree in Bachelor of

Science to be granted by the University. Acting on these Provisional

Certificates and if there is no other impediment, the petitioners names

shall be included in the Seniority list dated 09.08.2021 to enable them to

receive Graduate Pay Scale.

(ii) If, in future, the Zilla Parishad finds that the petitioners have not

obtained the requisite Degree, they are free to take necessary action in

that regard against such petitioners by following the due process of law.

6. With aforesaid directions, the writ petition is allowed and

disposed of. No costs.

                                     JUDGE                            JUDGE


          Digitally
          signed by
          SANDIP
SANDIP    MAHADEV
MAHADEV   GATE
GATE      Date:
          2022.01.28
          15:35:08
          +0530




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