Bombay High Court
Sandhya Ankush Jankar Alias Sandhya ... vs The State Of Maharashtra Thru The ... on 5 December, 2023
Author: A.S. Chandurkar
Bench: A.S. Chandurkar
2023:BHC-AS:36920-DB
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO.14416 OF 2023
1. Sandhya Ankush Jankar @ ]
Sandhya Lunesh Virkar ]
Age : 36 years, Occ. Service, ]
R/at Virkarwadi, Tal. Man, Dist. Satara ]
2. Maharani Ahilyabai Holkar Education ]
Society, Sangli, ]
Through its Chairman / Secretary, ]
Having office at 1003, Near Bharat Sutgiran, ]
Vasatnagar, Kupwad, Sangli, Tal. & Dist. Sangli. ]
3. New English School, Virkarwadi ]
Through its Headmaster, ]
At Virkarwadi, Tal. Man, Dist. Satara. ]
4. Dyanvardhini High School & Jr. College, Mhaswad, ]
Through its Headmaster, ]
At Mhaswad, Tal. Man, Dist. Satara. ] .. Petitioners
Versus
1. The State of Maharashtra, ]
Through the Secretary, ]
School Education Department, ]
Mantralaya, Mumbai. ]
2. Deputy Director of Education, ]
Kolhapur Region, Kolhapur. ]
3. Education Officer (Secondary), ]
Zilla Parishad, Satara. ] .. Respondents
Mr. Vivek V. Salunkhe for the Petitioner.
Mr. S.B. Kalel, AGP for the Respondents-State.
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CORAM : A.S. CHANDURKAR &
FIRDOSH P. POONIWALLA, JJ
DATE : 5TH DECEMBER, 2023.
ORAL JUDGMENT : { Per A.S. Chandurkar, J. }
1. RULE. Rule made returnable forthwith and heard learned counsel for the
parties by consent. Learned AGP waives notice for the respondents-State.
2. Petitioner no.1, being duly qualified, came to be appointed on the post of
Shikshan Sevak on 30th July 2017. Her services came to be duly approved by the
order dated 8th June 2018 on an unaided post. These services of petitioner no.1
were thereafter transferred to another unaided post and by order dated 4 th
January 2020, approval was again granted to the order of transfer dated 1 st July
2019. In the matter of grant of regular pay scale, the Education Officer
(Secondary), by order dated 4th July 2022, has approved the same from 1st July
2022. This, according to petitioner no.1, ignores her earlier services rendered as
Shikshan Sevak on an unaided post.
3. Having heard the learned counsel for the parties and having perused the
documents on record, we find that the impugned order does not take into
consideration the earlier services rendered by petitioner no.1 as Shikshan Sevak
on an unaided post. These earlier services having been duly approved, it was
necessary for the Education Officer (Secondary) to have taken into account the
same while determining the appropriate pay scale of petitioner no.1. This Court
in Writ Petition No.9098 of 2021 (Yashavant Dattatray Chavan Vs. The State of
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Maharashtra and Ors.), along with connected matters, decided on 13 th June
2022, has held in clear terms that service rendered on an unaided post cannot
be ignored while determining seniority as well as entitlement to regular pay
scale.
4. Hence, for these reasons, we deem it fit to direct the Education Officer
(Secondary) to re-consider the proposal dated 1 st July 2022 seeking grant of
appropriate pay scale to the petitioner. For that purpose, the order dated 4 th July
2022 issued by the Education Officer (Secondary), Zilla Parishad, Satara is set
aside. It is directed that the Education Officer (Secondary), after taking into
consideration the judgment of this Court in Writ Petition No.9098 of 2021
(Yashavant Dattatray Chavan Vs. The State of Maharashtra & Ors.) , along with
connected matters, decided on 13 th June 2022, shall decide the proposal dated
1st July 2022 afresh in accordance with law. Necessary decision be taken within
a period of four weeks from receiving a copy of this order. The decision taken
be communicated to the petitioners. On being found entitled to grant of
appropriate and regular pay scale, the consequential benefits shall be released
in favour of petitioner no.1.
5. Rule is disposed of in the above terms. No costs.
[ FIRDOSH P. POONIWALLA, J. ] [ A.S. CHANDURKAR, J. ]
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