Disposed

Sunita Nivrutti Patare and Anr. v. the State of Maharashtra and Ors.

Bombay HC3 May 2012WP/5676/2010

Case brief

AI extract

What is this about?

This writ petition concerned the claim of two Assistant Teachers for B.Ed. pay scale accommodation. The High Court of Judicature at Bombay issued directions to the Education Officer to inspect the school record, hear concerned officials, and determine if B.Ed. posts were available for their appointment within three months.

What did the court decide?

Directions to the Education Officer to hear the Administrator and petitioners, verify availability of B.Ed. posts, and pass a reasoned order within three months.

Sunita Nivrutti Patare and Anr. Vs the State… — Pension and Retirement Benefits | Bombay HC (2012)

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1 W.P.5676 of 2010

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD

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Writ Petition No.5676 of 2010

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Sunita Nivrutti Patare & Another. .. Petitioners.

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Versus

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The State of Maharashtra & Others. .. Respondents.

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Shri. D.R. Adhav, Advocate for petitioners.

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Shri. K.M. Suryawanshi, Assistant Government Pleader, for respondent Nos.1 and 2.

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Shri. S.T. Shelke, Advocate, for respondent No.3.

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CORAM: NARESH H PATIL & S.B. DESHMUKH, JJ.

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DATE 3^rd MAY 2012

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PER COURT :

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Heard.

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This is second round of litigation by the petitioners, according to the learned counsel. The petitioners had earlier filed Writ Petition No.791 of 2003. The same was disposed on 11-3-2003 (Exhibit "D").

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2 W.P.5676 of 2010

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The petitioners' prayer is that initially they were appointed in the year 1992/93 as Assistant Teacher in B.Ed. pay scale. The education qualification of the petitioners is M.A.,B.Ed. On 11-6-1995 fresh appointment order was issued in favour of the petitioners showing them in D.Ed. pay scale. The petitioners thereafter persuaded their claim for getting B.Ed. pay scale.

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Respondent Nos.2 and 3 filed affidavits-in-reply.

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The respondent No.2 had forwarded a communication to the Secretary of respondent No.3 - institution for clarification, which, according to the learned Assistant Government Pleader, has not been received.

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It is submitted that the Administrator has been appointed to govern affairs of the school. The Administrator is Block Education Officer, according to the learned counsel for respondent No.3. The learned counsel for the petitioners submits that, even now posts in the B.Ed. pay scale are available and though the petitioners are qualified, they are denied such pay scale.

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3 W.P.5676 of 2010

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The learned counsel for the respondent No.3 management submits that the posts in the B.Ed. pay scale are not available in Arts faculty but are in Science faculty.

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We direct the Education Officer to hear the Administrator of the school, who is Block Education Officer, and the petitioners. The Administrator shall attend the office of the Education Officer on 20^th May 2012 with record. In case the Education Officer finds that the posts in B.Ed. pay scale are available wherein the petitioners could be accommodated then necessary steps be taken in that regard. The Education Officer shall pass a brief reasoned order on the subject within three months from 20^th May 2012.

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With the above directions the writ petition is disposed of. It is clarified that we have not expressed any opinion on merits of the matter. The registry to forward copy of this order to the Education Officer (Secondary), ZP, Ahmednagar by fastest mode of communication.

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Sd/- Sd/- (S.B. DESHMUKH, J.) (NARESH H PATIL, J.) rsl

Sunita Nivrutti Patare and Anr. v. the State of Maharashtra and Ors.

Case brief

What is this about?

What did the court decide?

Sunita Nivrutti Patare and Anr. v. the State of Maharashtra and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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