Allowed

Ku. Khushboo D/O Shyamrao Jagane (Smt. Khushboo W/O Ajay Barve) v. the Divisional Caste Certificate Scrutiny Committee NO.1, Nagpur Division and Another

Bombay HC5 Oct 2016CAW/2106/2016

Case brief

AI extract

What is this about?

Applicant sought direction to respondents to pay Primary Teacher salary. Court granted rule absolute allowing salary payment from the date applicant completed three years as Shikshan Sevak, relying on equal pay principle and prior interim stay.

What did the court decide?

Rule made absolute directing payment of Primary Teacher salary from the date of completion of three years service as Shikshan Sevak.

Ku. Khushboo D/O Shyamrao Jagane (Smt… — Constitutional and Fundamental Rights | Bombay HC (2016)

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caw2106.16.odt

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR

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CIVIL APPLICATION NO.2106/2016 IN WRIT PETITION NO.2033/2012

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Ku. Khushbu Shyamrao Jagane ..vs.. The Divisional Caste Certificate Scrutiny Committee No.1, Nagpur Division, Nagpur and anr.

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Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders

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Mr. P. D. Meghe, Advocate for applicant. Mrs. K. Deshpande, A.G.P. for non applicant no.1. Mr. A. Y. Kapgage, Advocate for non applicant no.2.

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CORAM : B. R. GAVAI & V. M. DESHPANDE, JJ. DATE : OCTOBER 5, 2016

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Heard.

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This is an application for direction to the non applicants-respondents to pay salary to the applicantpetitioner as per the pay scale applicable to the Primary Teacher of Zilla Parishad.

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The application is opposed by the Zilla Parishad on the ground that the applicant's appointment is subject to validation of her caste claim. It is submitted that the applicant would be entitled to the regular salary only if her claim is validated and if she completes 3 years period as Shikshan Sevak.

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We find that the contention raised by the Zilla Parishad is without substance. This Court, vide order dated 04.10.2012, after hearing the parties, has granted interim relief in terms of prayer clauses (d) and (e). It can be thus seen that this Court had stayed the order of the Scrutiny Committee and also restrained the Zilla Parishad from terminating the services of the applicant.

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2 caw2106.16.odt

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In that view of the matter, upon completion of three years' service as Shikshan Sevak, the petitioner was entitled to the salary in the pay scale of Primary Teacher. Even otherwise, the petitioner would be entitled to the salary on the principle of “Equal pay for equal work”. If the other employees, who were appointed with the petitioner are getting regular salary, the petitioner cannot be deprived of the same.

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In that view of the matter, rule is made absolute in terms of prayer clause (i) of the application. However, with a rider that the same shall be done from the date on which the applicant has completed three years service as Shikshan Sevak.

JUDGE JUDGE

kahale

caw2106.16.odt

CERTIFICATE

I certify that this Judgment/Order uploaded is a true and correct copy of original signed Judgment/Order.

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Uploaded by: Y. A. Kahale.

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Uploaded On:07.10.2016

Ku. Khushboo D/O Shyamrao Jagane (Smt. Khushboo W/O Ajay Barve) v. the Divisional Caste Certificate Scrutiny Committee NO.1, Nagpur Division and Another

Case brief

What is this about?

What did the court decide?

Ku. Khushboo D/O Shyamrao Jagane (Smt. Khushboo W/O Ajay Barve) v. the Divisional Caste Certificate Scrutiny Committee NO.1, Nagpur Division and Another

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

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