Writ petition allowed directing respondent authorities to pay arrears of salaries to petitioners appointed as untrained teachers but possessing D.Ed. qualifications.
Direct respondents no.3 and no.4 to pay arrears of salaries as trained teachers to petitioners within two months.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
6449.17wp
(1)
IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD
WRIT PETITION NO.6449 OF 2017
| 1. | Anna s/o Ramprasad Kulwant, Age: 46 years, Occu: Service |
|
|---|---|---|
| 2. | Aba s/o Bhanudas Khedekar, Age: 46 years, Occu: Service, R/o Shivni (Tanda), Tq. & Dist. Jalna |
|
| 3. | Rustum s/o Vithalrao Chavan, Age: 42 years, Occu: Service |
|
| 4. | Raghunath s/o Shankar Chavan, Age: 42 years, Occu: Service, R/o Rathodnagar, Tq. & Dist. Jalna |
|
| 5. | Prakash s/o Indrasingh Rajput, Age: 56 years, Occu: Service, R/o. Rathodnagar, Tq. & Dist. Jalna |
..PETITIONERS |
| VERSUS | ||
| 1. | The State of Maharashtra, Through its Secretary, Social Justice and Special Assistance Department, Mantralaya, Mumbai |
|
| 2. | The Director, V.J., N.T., O.B.C. and S.B.C. Welfare, Maharana State, Pune-1 |
|
| 3. | The Regional Deputy Commissioner, Social Welfare, Aurangabad Division, Aurangabad |
|
| 4. | The Assistant Commissioner, Social Welfare Department, Jalna |
..RESPONDENTS |
| Mr V. | A. Dhakne, Advocate for petitioners; | |
| Mr G. | O. Wattamwar, A.G.P. for respondents |
6449.17wp
(2)
CORAM : PRASANNA B. VARALE AND
MANISH PITALE, JJ.
DATE : 28th September, 2018
ORAL ORDER:
Heard learned Counsel appearing on behalf of the petitioners.
“To direct the respondents no.3 and 4 to pay the arrears of the salaries as trained teachers to the petitioners for the period during which the petitioners were treated as untrained teachers in pursuance to the orders dated 18.06.2015 and 19.06.2015 issued by respondent no.4 within two months, by issuing a writ of mandamus or any other appropriate writ, order or direction as the case may be”.
6449.17wp
(3)
had acquired qualification of D.Ed. As such, they were entitled for the pay scale of trained primary teachers, however, the salary was not paid to them as trained primary teachers. The Government Resolution dated 11th November, 2011 was also placed on record. The petition was opposed on the ground that the petitioners were not possessing the requisite qualification at the time of their appointments. Considering the rival contentions, the Division Bench of this Court by an order dated 28th October, 2014 was pleased to direct the respondents authorities to take the decision upon the proposal received by them in view of Government Resolution dated 11th November, 2011, expeditiously and preferably within a period of four months from the date of the order.
6449.17wp
(4)
is the order in respect of other petitioner, namely, Rustum Vithal Chavan by a corrigendum dated 18th June, 2015.
6449.17wp
(5)
placed on record along with affidavit, at annexure R-2. This Communication is only a direction to the authorities issued by the Desk Officer of the State Government, that either the affidavit be filed in the matter pending before the Court and then it states that certain petitions are filed in the Court by the employees of Ashram schools in relation to their service, without approaching the State Government and such employees make the State Government or the authorities of the State Government party to the petitions.
(6)
of petitioner Anna Ramprasad Kulwant and a date subsequent to the corrigendum in favour of the petitioner Rustum Vithal Chavan.
(MANISH PITALE, J.)
(PRASANNA B. VARALE, J.)
sjk
Anna s/o Ramprasad Kulwant
Aba s/o Bhanudas Khedekar
Rustum s/o Vithalrao Chavan
Raghunath s/o Shankar Chavan
Prakash s/o Indrasingh Rajput
The State of Maharashtra
Prasanna B. Varale
Manish Pitale
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
