Bombay High Court
Padmakaer Dattatrayrao Joshi vs The State Of Maharashtra And Others on 1 July, 2025
Author: R. G. Avachat
Bench: R. G. Avachat
2025:BHC-AUG:16926-DB
925-WP-3247-2020.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
925 WRIT PETITION NO. 3247OF 2020
Padmaker s/o Dattatrayrao Joshi,
Age: 75 years, Occu: Pensioner,
R/o: At Post Kerala, Tq. Sillod,
District Aurangabad .... Petitioner
VERSUS
1] The State of Maharashtra,
Through its Principal Secretary,
Rural Development Department,
Mantralaya, Mumbai - 32.
2] The State of Maharashtra,
Through its Principal Secretary,
School Education Department,
Mantralaya, Mumbai - 32.
3] The Chief Executive Offcer,
Zilla Parishad, Aurangabad.
4] The Education Offcer [Primary],
Zilla Parishad, Aurangabad. ... Respondents
.....
Mr. Salgare Vitthal G., Advocate for the Petitioner
Mr. A. A. A. Khan, AGP for Respondent Nos.1 and 2 - State
Mr. C. D. Biradar, Advocate for Respondent Nos.3 and 4
.....
CORAM : R. G. AVACHAT &
NEERAJ P. DHOTE, JJ.
DATE : 01.07.2025
ORAL JUDGMENT : [PER NEERAJ P. DHOTE, J.]
1. RULE. Rule made returnable forthwith. Heard fnally
by consent of both the sides.
925-WP-3247-2020.odt
2. The Petitioner was appointed as an untrained primary
teacher on 24/08/1964 in the School managed and operated by
Respondent Nos.3 and 4. The Petitioner retired on 30/11/2002 as
the untrained primary teacher and was granted his pensionery
benefts on the basis of pay-scale of the untrained primary teacher.
The Petitioner claims the pensionery benefts as the trained
teacher. The Government had issued a Government Resolution
dated 04/10/1983 that the teachers of local bodies appointed prior
to 1972 be treated as deemed trained teacher. The Petitioner is
seeking the relief in terms of the following prayer clauses :-
"B) By writ, order or directions the respondent No. 3 Chief
Executive Offcer, Z.P. Aurangabad and 4 Education Offcer
(Primary) Z.P. Aurangabad may kindly be directed to grant
the pay scale of trained primary teacher of Rs. 1200-2040
from 01.01.1986 and Rs. 4500-7000 since 1996 to this
petitioner deemed trained primary teacher by granting
notional benefts of the pay scale of trained primary teacher
till the retirement of the petitioner and to re-fx the pension
of the petitioner in view of the Judgment and Order passed
by this Hon'ble High Court in WP No.14421/2019 decided on
02.12.2019 in the interest of justice.
C) Pending hearing and fnal disposal of present Writ Petition
the the respondent No. 3 Chief Executive Offcer, Z.P.
Aurangabad and 4 Education Offcer (Primary) Z.P.
Aurangabad may kindly be directed to grant pay scale of
trained primary teacher of Rs. 1200-2040 from 01.01.1986
and Rs. 4500-7000 since 1996 to the deemed trained
petitioner primary teacher and re-fx the pay and
pensionable pay of the petitioner on the basis of the above
pay scales applicable to the trained primary teacher by
granting notional increments and to re-fx the pension of the
petitioner in the interest of justice.
D) Ad-interim relief may kindly be granted as prayed under
prayer clause "C".
E) Any other suitable and equitable relief may kindly be
granted in favour of the petitioner, in the interest of justice."
3. The learned Advocate for the Petitioner submits that,
only due to delay, the concerned authority has not granted the
925-WP-3247-2020.odt
pensionery benefts to the Petitioner as the deemed trained
teacher. He submits that, this Court in identical situation has
allowed Writ Petition No.3243/2020 by the Judgment dated
20/03/2025. The learned Advocate for the Petitioner submits that
the identical relief may be granted.
4. Though the learned Advocate appearing for Respondent
Nos.3 and 4 opposes the Petition on the ground that there is delay
in approaching this Court, he does not dispute the factual aspects
of the matter and the above-referred Judgment of this Court relied
upon by the learned Advocate for the Petitioner. He submits that,
appropriate order be passed in the matter.
5. The learned AGP appearing for Respondent Nos.1 and 2
has no submissions to make.
6. Undisputedly, the Petitioner is covered by the above-
referred Government Resolution dated 04/10/1983, which
provides for the beneft as deemed trained teachers. Further it is
not in dispute that the said Government Resolution was issued
while the Petitioner was in service. Perusal of the above-referred
Judgment, relied upon by the learned Advocate for the Petitioner,
shows that in a more or less identical situation, this Court
considered similar prayers. The said Judgment shows that the
benefts were granted from the date of the Judgment. In light of
the undisputed factual and legal aspects, we proceed to pass the
following order :-
ORDER
[a] The pay-scale and the pensionery benefts of the Petitioner be
fxed in accordance with the said Government Resolution as
the deemed trained teacher. The actual benefts be given
to the Petitioner from the date of this order.
925-WP-3247-2020.odt
[b] The Writ Petition stands disposed off accordingly.
[c] Rule is made absolute in the above terms.
[NEERAJ P. DHOTE, J.] [R.G. AVACHAT, J.]
Sameer/July-2025
Signed by: Md. Sameer Q.
Designation: PA To Honourable Judge
