Shalikrao S/O Kawadu Madavi vs The State Of Maharashtra, Through ...
2022 Latest Caselaw 6035 Bom

WP 1823-2020                                    1                     Judgment

           IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
                     NAGPUR BENCH, NAGPUR.
                  WRIT PETITION NO. 1823 OF 2020
Shalikrao s/o Kawadu Madavi,
aged 54 years, Occ. Service as Assistant Teacher,
C/o Vasantrao Naik Primary Ashram School,
Rekhegaon, Tah. Charmorshi,
District - Gadchiroli.
                                                                    PETITIONER
                                 .....VERSUS.....
1.   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

                 Shri R.N. Ghuge, Advocate for the petitioner.
               Ms. N.P. Mehta, A.G.P. for the respondents/ State.


CORAM : A.S. CHANDURKAR AND URMILA JOSHI - PHALKE, JJ.

DATE : 29th JUNE, 2022.

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

RULE. Rule made returnable forthwith and heard the learned

Counsel for the parties.

2. The petitioner, who has obtained the qualification of B.Sc.,

B.P.Ed. and is serving at Ashram School, seeks a declaration that he is a

trained Teacher from the date of his initial appointment which is WP 1823-2020 2 Judgment

01/06/1996. He therefore seeks grant of pay scale that is admissible to a

trained Primary Teacher. According to the petitioner, he has received

such benefits from 31/05/2002.

3. The issue with regard to the entitlement for regular pay scale

as a trained Teacher has been considered by this Court in various decision

including the judgment in Writ Petition No. 6437/2007 (Govinda s/o

Narayan Gunajal Vs. The State of Maharashtra & Ors. d ecided on

12/03/2008) at the Aurangabad Bench of this Court. It was held that on

attaining the necessary training qualifications, such Teachers are entitled

to be considered as trained Teachers and entitled for pay scale

accordingly.

4. In that view of the matter, respondent No.4 shall examine the

case of the petitioner for being entitled to such benefits after being

treated as a trained Teacher in the light of the representation made by the

petitioner on 06/10/2019 along with the proposal dated 25/10/2017

that has been forwarded by the Management. To enable such exercise to

be undertaken, the petitioner shall attend the office of respondent No.4

on 08/07/2022. A decision thereon be taken within a period of four

weeks thereafter and the same shall be communicated to the petitioner.

WP 1823-2020 3 Judgment

5. Rule is made absolute in the aforesaid terms. No costs.

(URMILA JOSHI - PHALKE, J.) (A.S. CHANDURKAR, J.)

SUMIT

Digitally signed bySUMIT CHETAN AGRAWAL Signing Date:30.06.2022 18:23