Bombay High Court
Dasaram Gonduji Atkari And Others vs Zilla Parishad, Bhandara Through ... on 17 March, 2023
Bench: A.S. Chandurkar, Vrushali V. Joshi
J-WP-1626-21 1/11
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR.
WRIT PETITION NO.1626 OF 2021
1. Dasaram Gonduji Atkari
Aged about 77 years
Occupation - Retired
R/o Near Nagar Panachayat
Prabhag No.7, Post Lakhani
District-Bhandara
2. Ramkrushna Tulshiram Chawade
Aged about 81 Years
Occupation-Retired
R/o Near Nagar Panchayat,
Prabhag No.7, Post Lakhani
District-Bhandara
3. Baburao Mukaji Bramhankar
Aged about 79 Years
Occupation-Retired, R/o Taosi, Tahsil Lakhandur
District Bhandara
4. Pundlik Watuji Sapate (Since deceased)
Represented through Legal Representative wife
Smt Muktabai wd/o Pundlik Sapate
Aged about 77 Years, R/o Murmadi/Sawari,
Samarth Nagar East, Post Lakhani,
District Bhandara
5. Maroti Haribhau Kawale
Aged about 78 Years
Occupation-Retired
R/o Lakhani, Ward No.6 Bapu Nagar,
Tahsil Lakhani District Bhandara
6. Narayan Sakruji Kadukar
Aged about 77 Years
Occupation-Retired
R/o Palandur, Tahsil Lakhani
District-Bhandara
7. Chokhoba Konduji Lendhare
Aged about 76 Years
Occupation-Retired
J-WP-1626-21 2/11
R/o Manegaon, Tahsil Lakhani
District-Bhandara
8. Baburao Motiramji Chole
Aged about 78 Years
Occupation-Retired
R/o Murmadi, Samarth Nagar (East),
Tahsil Lakhani, District Bhandara
9. Parashram Kashiramji Kale
Aged about 76 Years
Occupation-Retired
R/o Palora, Tahsil Mohadi
District-Bhandara
10. Patiram Rakhduji Gaydhane
Aged about 77 Years
Occupation-Retired
R/o Lakhani, Tahsil-Lakhani
District-Bhandara
11. Tarachand Tulshiramji Chawade
Aged about 77 years
Occupation-Retired
R/o Lakhani, Tahsil-Lakhani,
District-Bhandara
12. Baliram Maroti Urkude
Aged about 77 Years
Occupation-Retired
R/o Pimpalgaon Kohali,
Tahsil Lakhandur
District-Bhandara
13. Dadu Dajibaji Parshuramkar
Aged about 78 Years
Occupation-Retired
R/o Pimpalgaon Kohali,
Tahsil Lakhandur
District-Bhandara
14. Sitaram Jadhoji Donode
Aged about 79 Years
Occupation-Retired
R/o Masal, Tahsil-Lakhandur
District-Bhandara
J-WP-1626-21 3/11
15. Nirmala wd/o Keshav Singanjude
Legal Heir of Keshav Tukaramji Singanjude,
Aged about Major Occupation-Nil,
R/o Murmadi/Sawri, Tahsil Lakhani
District-Bhandara
16. Shrimohan Mangaruji Humne (Since deceased)
Represented through L.Rs.
(16a.) Shashim s/o Shrimohan Humne, 46 Yrs
R/o Shriram Dudh Dairy Ward No.3
Murmadi Sawri Lakhani District Bhandara
(16b) Vandana w/o Raibhan Petkar, 53 Yrs
R/o Prabhat Colony, Nari Road, Nagpur
(16c) Pradya w/o Vilas Bambarde, 50 Yrs
R/o 7 Queeen Garden, Gulmohar B-25, Camp, Pune
(16d) Karuna w/o Jitendra Ghodeswar, 43 Yrs
R/o 273, Yashodeep Colony, Mahendra Nagar,
Dr Ambedkar Marg, Nagpur 17
17. Maroti Mangruji Kharabe
Aged about 80 Years
Occupation-Retired
R/o Murmadi/Sawari Tahsil Lakhani
District-Bhandara
18. Dashrath Motiramji Mahajan
(Since Deceased) and
Kusum wd/o Dashrath Mahajan also expired
Therefore their Legal Representatives
18a) Durgesh s/o Dashrath Mahajan,
Age 41 Years, R/o Shrinagar Ward No.2
Murmadi Lakhani, Bhandara 441804
18b) Pramila d/o Dashrath Mahajan
Now Pramila w/o Aasaram Chaphale,
Age 51 yrs R/o Waghmare Layout,
Parsodi, near Pandit Nehru School,
Umred, Dist. Nagpur.
18c) Sukeshani W/o Ramchandra Rewade
Age 48 years, In front of Datta Temple,
Tahsil Kamptee, At Pawangaon, PO Kapsi BK
District Nagpur 44 0035
J-WP-1626-21 4/11
18d) Sangita w/o Sanjay Bhoyar,
Age 45 years, Ward no.2, Murmadi,
Lakhani Bhandara 441804
19. Nilkanth Bisanji Kuthe
Aged about 76 Years
Occupation-Retired
R/o Babni (Khairi), Post Pimpalgaon
Tahsil Lakhani, District Bhandara
20. Mitaram Jaypalji Rahangadale
Aged about 74 years
Occupation-Retired
R/o Salebhata, Tahsil Lakhani
District-Bhandara
21. Kusan Ramchandraji Matale
Aged about 75 Years Occupation-Retired
R/o Virli, Tahsil Lakhandur
District-Bhandara
22. Baliram Ramji Uike
Aged about 75 Years Occupation-Retired
R/o Babni (Khairi), Post Pimpalgaon
Tahsil Lakhani, District Bhandara
23. Vikram Dajiba Pakhmode
Aged about 67 years Occupation-Retired
R/o Manegaon/Sadak, Post Pimpalgaon
Tahsil Lakhani, District Bhandara
24. Dudhram Gopalji Dhenge (Since Deceased)
Represented through Legal Representative Wife
Smt. Wachchhalabai wd/o Dudhram Dhenge
Aged about 75 Years, R/o Gadegaon,
Tahsil Lakhani, District Bhandara
25. Nitram Fattuji Gaydhane
Aged about 73 Years Occupation-Retired
R/o Gadpendhari, Post Pohara
Tahsil Lakhani, District Bhandara
26. Sumanbai Pundlik Gaydhane
Legal Heir of Pundlik Domaji Gaydhane
Aged about Major, Occupation-Nil
R/o Sawri, Post Lakhani Distt. Bhandara ... Petitioners.
J-WP-1626-21 5/11
-vs-
1. Zilla Parishad Bhandara
Through its Chief Executive Officer
Bhandara
2. Education Officer (Primary)
Education Department, Zilla Parishad
Bhandara ... Respondents
Shri Sachin Khandekar, Advocate for petitioners.
Shri Ratnakar Khobragade, Advocate for respondents.
CORAM : A. S. CHANDURKAR AND MRS VRUSHALI V. JOSHI, JJ.
Arguments were heard on : January 07, 2023
Judgment is pronounced on : March 17, 2023.
Judgment : (Per : A. S. Chandurkar, J.)
Rule. Rule made returnable forthwith and heard learned counsel
for the parties.
2. The challenge raised in this Writ Petition is to the order dated
29th June 2020 passed by the Chief Executive Officer, Zilla Parishad,
Bhandara, thereby refusing to grant necessary monetary and pensionery
benefits to the petitioners, which they claim to be entitled to.
3. The facts in brief are that each petitioner came to be appointed as
a Primary Teacher with the schools run by the Zilla Parishad. When the
petitioners were appointed, they were holding the requisite educational
training qualifications. As per the Government Resolution dated 14 th
J-WP-1626-21 6/11
November 1979, it was the policy to upgrade 25% posts of Primary Teachers
and grant them graduate pay scale in accordance with their seniority. By a
subsequent Government Resolution dated 2nd September 1989, the pay
scales were revised and benefit of the recommendations of the Fourth Pay
Commission were made applicable from 1st January 1986. Accordingly, the
petitioners were receiving salary in the Pay Scale of Rs.1,400-2,600 and
thereafter Rs.1,640-2900 as Senior Grade. On 4 th October 2016, the
respondent no.1-Chief Executive Officer passed an order in the matter of
grant of benefit on completion of 12/24 years of service. As per that order,
the period of 12/24 years was taken into consideration from the date the
Senior Grade Pay or Selection Grade Pay was made applicable to the
petitioners. The petitioners were aggrieved by the said order and hence
challenged the same by filing an appeal, being Z.P. Appeal No.45/2016-17,
before the Additional Commissioner, Nagpur Division, Nagpur. The
Additional Commissioner dismissed the said appeal on 7th September 2017.
Being aggrieved, the petitioners approached this Court by filing Writ Petition
No.4581 of 2018. By the judgment dated 13 th August 2019 this Court held
that the petitioners were entitled to the benefit of Senior Scale as well as
Selection Grade Scale as per the Government Resolution dated 20 th July
2004. It was further held that, for the purposes of entitlement to higher pay
scale or selection grade scale, the educational qualifications, as obtained
from the date of the initial appointment, should be treated as relevant.
J-WP-1626-21 7/11
Accordingly, the order passed by the Additional Commissioner confirming
the order passed by the respondent no.1-Chief Executive Officer was set
aside. Based on this adjudication, the petitioners sought implementation of
the same. A legal notice was issued by them on 16 th June 2020. The
respondent no.1-Chief Executive Officer however on 29th June 2020 did not
grant the petitioners the relief in accordance with the aforesaid adjudication,
but instead, he sought guidance from the State Government. Being aggrieved
by the aforesaid action, the petitioners have challenged the same in the
present Writ Petition.
4. The learned counsel for the petitioners submitted that pursuant to
the adjudication of the petitioners' claim, that was decided in Writ Petition
No.4581 of 2018, it was clear that the petitioners were found entitled to the
benefit of Senior Scale as well as Selection Grade Scale in terms of the
Government Resolution dated 20th July 2004. While doing so, the initial date
of appointment of each petitioner was found to be relevant. Undisputedly,
after the petitioners improved the educational qualifications, they had the
status of Trained Graduate Primary Teachers. The petitioners received salary
in the pay-scale of Rs.1,400-2,600 as initial pay and Rs.1,640-2,900 as
Senior Grade Pay Scale. Despite the earlier judgment of this Court in the writ
petition preferred by the petitioners, the impugned communication dated
29th June 2020 was issued by the Zilla Parishad, thereby granting them pay
J-WP-1626-21 8/11
scales of teachers with S.S.C. qualification. The fact that the petitioners were
Trained Graduate Primary Teachers was never disputed by the Zilla
Parishad. Despite that, while undertaking the pay fixation pursuant to the
judgment dated 13th August 2019, the Zilla Parishad proceeded to sanction
the lower pay scale that was prescribed for teachers with S.S.C. qualification.
As a result, the petitioners were deprived of the adjudication in their favour.
The pay fixation of the petitioners ought to be on the basis of the pay scales
as Trained Graduate Primary Teachers, which the petitioners were actually
receiving during their service period. It was thus submitted that the Zilla
Parishad ought to be directed to grant actual benefit of pay fixation in
accordance with the earlier adjudication.
5. The learned counsel for the Zilla Parishad opposed the aforesaid
submissions. According to him, since the petitioners had not acquired
training qualification from the date of their initial appointment, they were
not entitled to the pay scale of Rs.1,400-2,600 from the initial date of
appointment. The petitioners were not trained Teachers when they were so
appointed. It is only after the petitioners improved their educational
qualification that they became entitled to such pay scale that was admissible
to trained Graduate Primary Teachers. Referring to the affidavit-in-reply,
dated 23rd March 2022, filed on behalf of the Education Officer (Primary), it
was submitted that by the impugned communication dated 29 th June 2020,
J-WP-1626-21 9/11
the pay fixation of the petitioners had been rightly undertaken. The same
had been issued in the light of the judgment of this Court that was delivered
in Writ Petition No.4581 of 2018. Hence, no interference with the impugned
communication was liable to be made.
6. We have heard the learned counsel for the parties and we have
perused the documents on record. It is not in dispute that in the initial
round of litigation, this Court considered the effect of the petitioners
improving their educational qualification after entering into service. The
question that was considered therein was whether the initial entry in service
was required to be given importance or whether the date on which the
educational qualification was improved was required to be taken into
consideration. It was held that the initial date of appointment of such
Primary Teachers, who subsequently improved their educational
qualification, was required to be taken into consideration. On that premise,
it was held that the petitioners were entitled to the benefit of Senior Scale as
well as Selection Grade in terms of the Government Resolution dated 20 th
July 2004. A direction was accordingly issued to grant such benefit in terms
of the letter of the Zilla Parishad dated 24 th February 2010, as had been
done by the Zilla Parishad with regard to other Primary School Teachers,
who were junior to the petitioners. It is thus clear from the aforesaid
adjudication that the initial date of appointment of each petitioner was
J-WP-1626-21 10/11
found to be relevant in the context of improving their educational
qualification after entering service. It is to be noted that the petitioners
received salary in the pay scale of Rs.1,400-2,600 as their initial pay and
Rs.1,640-2,900 as Senior Grade Pay Scale. The period of twelve years for
grant of Senior Grade Pay Scale was required to be taken from the date of
initial appointment in the light of the earlier adjudication by this Court. As a
result of the petitioners enhancing their education qualification, Graduate
Pay Scale of Rs.1,400-2,600 was granted to them. Ignoring these facts, the
Chief Executive Officer, Zilla Parishad, Bhandara, by the impugned
communication, has again sought to obtain guidance of the State
Government in this regard. In paragraph 12 of the impugned communication
dated 29th June 2020, a doubt is sought to be raised whether the entitlement
to Higher Pay Scale and Selection Grade Pay Scale should be from the date
of initial appointment or from the date when the educational qualification
was improved. We find that there is no justification on the part of the Zilla
Parishad to re-open the said issue after the judgment of this Court in Writ
Petition No.4581 of 2018 attained finality. After having granted such higher
pay scales, the Zilla Parishad was not justified in lowering their pay scales
again, as has been done by the impugned communication.
7. For aforesaid reasons, therefore, we find that the Zilla Parishad
was not entitled to go behind the orders passed by this Court in Writ Petition
J-WP-1626-21 11/11
No.4581 of 2018. Despite having succeeded in the earlier round of litigation,
the petitioners cannot be deprived of the fruits of such adjudication. Hence,
for the aforesaid reasons, the order dated 29 th June 2020 passed by the Chief
Executive Officer, Zilla Parishad, Bhandara is quashed and set aside. It is
directed that Zilla Parishad, Bhandara shall undertake the pay fixation of the
petitioners by granting them the pay scale of trained Graduate Primary
Teachers, which pay scales they were actually receiving during the period
they were in service, within a period of four months from receiving a copy of
this judgment. The petitioners are entitled to consequential monetary and
pensionery benefits.
8. Rule is made absolute in the aforesaid terms with no order as to
costs. Writ Petition is disposed of.
(Mrs Vrushali V. Joshi, J.) (A. S. Chandurkar, J.)
Dixit/Asmita
Digitally signed byASMITA
ADWAIT BHANDAKKAR
Signing Date:17.03.2023
17:50:11
