MANOJ ARJUNRAO MALI v. THE CHIEF EXECUTIVE OFFICER AND ANOTHER
Case Details
wp7126.22- -1- IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD 908 WRIT PETITION NO.7126 OF 2022 MANOJ ARJUNRAO MALI VERSUS THE CHIEF EXECUTIVE OFFICER AND ANOTHER … AND 908 WRIT PETITION NO.7182 OF 2022 UKHARDU RAGHUNATH CHAVAN VERSUS THE CHIEF EXECUTIVE OFFICER AND ANOTHER … AND 908 WRIT PETITION NO.7183 OF 2022 YUVRAJ ISHWAR PARDESHI VERSUS THE CHIEF EXECUTIVE OFFICER AND ANOTHER …. AND 925 WRIT PETITION NO.4289 OF 2023 LAXMAN DHAKLU CHAVAN VERSUS THE CHIEF EXECUTIVE OFFICER AND ANOTHER ... AND 926 WRIT PETITION NO.4290 OF 2023 USHA KRISHANAJI MALI VERSUS THE CHIEF EXECUTIVE OFFICER AND ANOTHER ... AND 927 WRIT PETITION NO.4293 OF 2023 WALMIK PUNJU JADHAV VERSUS THE CHIEF EXECUTIVE OFFICER AND ANOTHER wp7126.22- -2- ... AND 928 WRIT PETITION NO.4304 OF 2023 BHAGWAN NATHU PAGARE VERSUS THE CHIEF EXECUTIVE OFFICER AND ANOTHER ... AND 929 WRIT PETITION NO.4334 OF 2023 SUSHILA RAJARAM MAHAJAN VERSUS THE CHIEF EXECUTIVE OFFICER AND ANOTHER ... AND 930 WRIT PETITION NO.4356 OF 2023 SANTOSH RAMCHANDRA JADHAV VERSUS THE CHIEF EXECUTIVE OFFICER AND ANOTHER ...
Legal Reasoning
Advocate for Petitioner : Mr. D. S. Bagul Advocate for Respondent Nos. 1 and 2 (WP. Nos. 7126 & 7183/2022) : Mr. Maheshkumar Sonwane Advocate for Respondent Nos. 1 and 2 (WP. No. 7182/2022) : Ms. Kshma Sharma Advocate for Respondent Nos. 1 and 2 (WP. Nos. 4289, 4290, 4293, 4304, 4334, 4356/2023) : Mr. A.K. Bhosale ….. CORAM : RAVINDRA V. GHUGE AND SANJAY A. DESHMUKH, JJ. DATED : 21st APRIL, 2023. PER COURT :- 1. All the Petitioners in these Petitions are identically placed. For clarity, we are reproducing the prayer clauses B and D (there is no prayer clause C), as under:- wp7126.22- -3- “B. By way of appropriate writ, order or direction in the like nature, the impugned order dated 21.2.2022 passed by the respondent no.1 may kindly be quashed and set aside and the respondent authorities be directed to pay higher pay scale of Trained Teachers to the petitioner by considering the relevant date of acquisition of B.Ed. qualification at the earliest. D. Pending hearing and final disposal of this writ petition, the impugned order dated 21.2.2022 passed by the respondent No.2 may kindly be stayed and suspended and the respondent authorities be directed to pay higher pay scale of Trained Teachers to the petitioner by considering the relevant date of acquisition of B. Ed. qualification at the earliest.” 2. We have considered the submissions of the learned advocates for the respective sides and with their assistance, have gone through the Petition paper book. 3. There is no dispute that Government Resolution dated 14.11.1979 entitles such Assistant Teachers, who, while being in service, acquire the qualification of B.Ed. and thereby become qualified to be promoted as Trained Graduate Teachers. By virtue of this qualification, the candidates are entitled for the higher pay scale from the deemed dates. 4. All these Petitioners have placed before us a ready reference chart, indicating the details of their appointments, designations, initial wp7126.22- -4- qualifications, years in which they have passed their B.Ed. examinations, whether higher pay scale is given or not, deemed dates, dates of promotion to be given by the Zilla Parishad and the correspondence entered into by these Petitioners with the Zilla Parishad. The said chart is reproduced hereunder:- Sr. No. Name of petitioner and wp number Designation Date of appoint- ment Initial qualific -ation Deemed Date Date of promotion Given by Zp Correspondence B.Ed Pass out Year Higher Pay Scale if given 1 Manoj Arjunrao Mali wp no-7126/2022 Asst. Teacher 2 Ishwar Yuvraj Pardeshi wp no-7183/2022 Rt. Kendrapra- mukh 3 Ukardhu Raghunath Chavan wp no-7182/2022 Rt. Head Master 4 Usha Krushnaji Mali wp no-4290/2023 Graduate Teacher 5 6 7 8 9 Laxman Dhaklu Chavan wp no-4289/2023 Head Master Punju Valmik Jadhav wp no-4293/2023 Rt. Kendrapra- mukh Sushila Rajaram Mahajan wp no-4334/2023 Rt. Graduate teacher Bhagwan Natthu Pagare wp no-4304/2023 Rt. Head Master Santosh Ramchandra Jadhav wp no-4356/2023 Head Master 12/08/1997 2002 No 24/02/2004 No D.Ed 20/03/2004,16/07/20 05,28/08/2007,24/11 /2008,24/09/2019,24 /08/2020 24/06/1986 D.Ed 1989 Yes 16/08/1995 24/02/2004 11/09/1995,09/07/19 96,30/09/2019,30/11 /2019,24/08/2020 27/06/1986 D.Ed 1998 Yes 06/07/1992 D.Ed 1991 Yes 27/06/1986 D.Ed 1990 Yes 26/06/1986 D.Ed 1990 Yes 27/07/2000 24/02/2004 11/08/1998,08/08/20 00,04/02/2004,26/11 /2003,11/03/2004,30 /09/2020,25/01/2020 ,21/12/2020 16/08/1995 16/08/2014 09/07/1996,30/09/20 19,30/11/2019,24/08 /2020 27/07/2000 24/02/2004 11/09/1995,09/07/19 96,30/09/2019,30/11 /2019,24/08/2020 16/08/1995 24/02/2004 11/09/1995,08/08/20 00,30/09/2019,30/11 /2019,24/08/2020 27/06/1986 D.Ed 1993 Yes 16/08/1995 24/02/2004 11/09/1995,09/07/19 96,30/09/2019,30/11 /2019,24/08/2020 15/03/1984 D.Ed 1998 Yes 27/06/1986 D.Ed 1994 Yes 27/07/2000 24/02/2004 11/08/1998,08/08/20 00,04/02/2004,26/11 /2003,11/03/2004,30 /09/2020,25/01/2020 ,21/12/2020 16/08/1995 24/02/2004 11/09/1995,09/07/19 96,30/09/2019,30/11 /2019, 24/08/2020 5. The litigating parties before us do not dispute that the judgment delivered by this Court in Vitthal Fakruji Madavi and wp7126.22- -5- others vs. Zilla Parishad, Chandrapur and others, 2006 (2) Mh.L.J. 124, squarely applies to these cases. 6. The learned advocate for the Petitioners submit that out of these 9 Petitioners, only one Petitioner viz. Manoj Arjunrao Mali has not been given the deemed date of promotion by the Zilla Parishad. So also, he has not been given the higher pay scale. In the other 8 cases before us, though higher pay scale was given to these 8 Petitioners, it was not done from the deemed date when they become entitled to such higher pay scale. 7.
Decision
In view of the above, these Petitions are disposed off with the following directions:- a) The Zilla Parishad shall verify each of the cases of these Petitioners in the light of the details set out in the ready reference chart, reproduced hereinabove, for certifying as to from which date, the higher pay scale to be given to these Petitioners. So also the issue with regard to deemed dates, the dates from which promotion has to be given etc. would also be verified. Let these exercise be completed within 60 days. b) Once the verification exercise is concluded, the Zilla Parishad would accordingly pay the arrears of higher pay wp7126.22- -6- scales to these Petitioners. If deemed dates are wrongly set out, the appropriate deemed dates should be mentioned and from such dates, higher pay scale shall be extended to the Petitioners. Needless to state, the dates of promotion, to be given by the Zilla Parishad, would also be verified and rectified, if necessary. This exercise shall be completed within 45 days. c) In the event any of the Petitioners is found ineligible or if the Zilla Parishad does not agree with deemed dates and the dates of promotions to be given, set out in the chart, a reasoned order would be passed in each of such cases and such orders would be served on the concerned persons, within 15 days from the date of completion of the verification. d) Needless to state, the above exercise would be in the light of the judgment delivered in Vitthal Fakruji Madavi and others (supra). (SANJAY A. DESHMUKH, J.) (RAVINDRA V. GHUGE , J.) rlj/