Yadav Chokhaji Patil vs The State Of Maharashtra Through ...
2024 Latest Caselaw 1816 Bom

Bombay High Court

Yadav Chokhaji Patil vs The State Of Maharashtra Through ... on 22 January, 2024

Author: Ravindra V. Ghuge

Bench: Ravindra V. Ghuge

2024:BHC-AUG:1561-DB


                                                 *1*                       14wp364o24


                     IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                 BENCH AT AURANGABAD

                               14 WRIT PETITION NO. 364 OF 2024
                              YADAV CHOKHAJI PATIL
                                    VERSUS
                 THE STATE OF MAHARASHTRA THROUGH SECRETARY
                                  AND OTHERS

                                                ...
                Advocate for the Petitioner : Mr. Kawale Laxman H.
                AGP for Respondents 1 and 2/State : Mr. S.B. Narwade
                Advocate for Respondent 3 : Mr. Pulkundwar Santosh B.
                                                ...

                                     CORAM : RAVINDRA V. GHUGE
                                                       &
                                             Y. G. KHOBRAGADE, JJ.

DATE :- 22nd January, 2024

Per Court :-

1. After this matter was heard for sometime and the

relevant Government Resolutions dated 02.09.1989 and

31.08.2009 were perused, it became clear that the Petitioner was

not entitled for the ACPS benefits. He was an untrained teacher.

Since he did not acquire the requisite qualifications to become a

trained teacher, he was treated as a deemed trained teacher vide

order dated 06.11.2019 passed in Writ Petition No.13474/2019,

keeping in view that he was appointed prior to 1972 and had

possessed SSC qualification, which qualified him to be treated as *2* 14wp364o24

a deemed trained teacher as per the Government Resolution

dated 04.10.1983.

2. The Petitioner's submission is that clause 9(4) of the

Government Resolution dated 02.09.1989 entitles him to the

selection grade pay scale.

3. The learned Advocate representing Respondent

No.3/ Zilla Parishad submits that according to the Zilla Parishad,

the said benefits were extended to the Petitioner. However, if the

Petitioner is having any grievance that the selection grade pay

scale was not extended to him, he may make an application to the

Education Officer (Primary), Zilla Parishad and the said

application would be considered in the light of the Government

Resolution dated 31.08.2009, within a period of sixty days.

4. The learned Advocate for the Petitioner submits that

the Petitioner would make such an application.

5. The Petitioner further prays for payment of the

senior grade teacher after completion of 12 years in service.

Reliance is placed on the judgment of this Court in Maharashtra

Rajya Padvidhar Prathamik Shikshak Sabha vs. The State of

Maharashtra and others, 2004 (1) Mh.L.J. 802.

6. The learned Advocate for the Zilla Parishad submits *3* 14wp364o24

that the Government Resolution that is now applicable to the

Petitioner is 31.08.2009 and his application would be decided on

all counts within 60 days.

7. We leave all issues open to the Zilla Parishad to be

considered since the Petitioner would be making an application.

8. By recording the above statements, this Writ Petition

is disposed off.

kps (Y. G. KHOBRAGADE, J.) (RAVINDRA V. GHUGE, J.)