Kumbhar Suresh Jayaram And ORS v. State Of Maha And ORS

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 5845 OF 2003 Devidas Khandu Marathe Age 52 years, Occ. Service R/o. Ashram School, At post Songirpada, Tq. and District Nandurbar Bhagwat Ramdas Brahate Age 52 years, Occ. Service R/o. Ashram School, Kudashi, Tq. Sakri, District Dhule Rajendra Kantilal Choudhari Age. 35 Years, Occu. Service, R/o. Ashram School, At Post.

Songirpada, Tq. & Dist. Nandurbar.

Pralhad Parashram Patel Age. 46 Years, Occu. Service R/o. Ashram School, Jogni Pada, Tq. & Dist. Nandurbar.

Ramesh Harchand Khedkar Age. 46 Years, Occu. Service, R/o. Ashram School, Kolda, Tq. & Dist. Nandurbar.

6.

Chandrakant Vilas Mohite Age. 41 Years, Occu. Service, R/o. Ashram School, Jognipada Tq. & Dist. Nandurbar.

7.

Rajendra Janardhan Vispute Age. 42 Years, Occu. Service R/o. Ashram School, Songirpada, Tq. & Dist. Nandurbar.

8.

Shravan Tapiram Shisde Age. 41 Years, Occu. Service, R/o. Ashram School, Wadjakhan, Tq, & Dist. Nandurbar.

9.

Ramesh Ramdas Mali Age. 47 Years, Occu. Service,

-2R/o. Ashram School, Wadjakhan, Tq. & Dist. Nandurbar.

10.

Krishnachandra Dayaram Savle Age. 39 Years, Occu. Service, R/o. Ashram School, Nilmanjre, Tq. Navapur Dist. Nandurbar.

11.

Gulabrao Anandrao Salunke Age. 43 Years, Occu. Service R/o. Ashram School, Koske, Tq. Navapur, Dist. Nandurbar.

12.

Dharmesh Madhukar Mandlik Age. 31 Years, Occu. Service, R/o. Ashram School, Bhardu,.

Tq. Navapur, Dist. Nandurbar.

13.

Tanaji Bharat Walvi Age. 42 Years, Occu. Service, R/o. Ashram School, Raygan, Tq. Navapur, Dist. Nandurbar.

14.

Shantaram Eknath Jadhav Age. 32 years, Occu. Service.

R/o. Ashram School, Amlan, Tq. Navapur, Dist. Nandurbar.

15.

Prakash Govinda Sonawane Age. 37 Years, Occu. Service R/o. Ashram School, Sonkhamb, Tq. Navapur, Dist. Nandurbar.

16.

Subhash Raghunath Baviskar Age. 52 Years, Occu. Service, R/o. Ashram School, Molgi, Tq. Akkalkuwa, Dist. Nandurbar.

17.

Rajendra Dayaram Patil Age. 45 Occu. Service, R/o. Ashram School, Molgi, Tq. Akkalkuwa, Dist. Nandurbar.

18.

Kamlakar Trimbak Saindane Age. 42 Years, Occu. Service, R/o. Ashram School, Molgi, Tq. Akkalkuwa, Dist. Nandurbar.

19.

Rashidkhan Amirkhan Pathan, Age. 40 Years, Occu. Service,

-3R/o. Ashram School, Walhve Tq. Sakri, Dist. Dhule.

20.

Sanjay Vishwasrao Deore Age. 36 Years, Occu. Service, R/o. Ashram School, Jaitane, Tq. Sakri, Dist. Dhule.

21.

Surekha Sakharam Patil Age. 39 Years, Occu. Service, R/o. Ashram School, Gartal, Tq. & Dist. Dhule.

22.

Israil Shaikh Ismail, Age. 41 Years, Occu. Service, R/o. Ashwathama Raj Bardi, Ashram School, Bardi, Tq.

Dhadgaon, Dist. Nandurbar.

23.

Dilip Onkar Patil Age. 43 Years, Occu. Service R/o. Ashram School, Rohini, Tq. Shirpur, Dist. Dhule.

24.

Lalita Dhangar Patil, Age. 37 Years, Occu. Service, R/o. Ashram School, Varshi, Tq. Shirpur, Dist. Dhule.

... Petitioners

Versus

The State of Maharashtra Through its Secretary to Education Department, Mantralaya, Mumbai - 32.

The Secretary, Tribal Development Department, Mantralaya, Mumbai - 32.

The Commissioner, Tribal Development Commissionerate, Nashik.

The Dy. Director, Tribal Development, Sahyadri Division, Nashik.

The Project Officer, Integrated Tribal Development

-4Project, Taloda, Dist. Nandurbar.

6.

The Project Officer, Integrated Tribal Development Project, Nandurbar, Dist. Nandurbar.

[Copy to be served upon Govt. Pleader, High Court, Bench at Aurangabad.

... Respondents.

.....

WITH WRIT PETITION NO. 1271 OF 2004 Shri Onkar Chandu Pawar, Age. 42 Years, Occu. Service, R/o. Ashram School, Molagi At Post. Molagi, Tq. Akkalkuwa, Dist. Nandurbar.

Shri Dilip Bhaidas Patil, Age. 40 Years, Occu. Service, R/o. Ashram School, Shripur, Tq. Shirpur, Dist. Dhule.

Ramesh Ballu Jadhav, Age. 38 Years, Occu. Service, R/o. Ashram School, Shingave, Tq. Shirpur, Dist. Dhule.

Prakash Dhudku Sonwane, Age. 37 Years, Occu. Service, R/o. Ashram School, Nimzari, Tq. Shirpur, Dist. Dhule.

Sau Manda Popat Sonawane, Age. 32 Years, Occu. Service, R/o. Ashram School, Vasardee, Tq. Shirpur, Dist. Dhule.

... Petitioners

VERSUS

The State of Maharashtra Through its Secretary to Education Department, Mantralaya, Mumbai - 32.

The Secretary,

-5Tribal Development Department, Mantralaya, Mumbai - 32.

The Commissioner, Tribal Development Commissionerate, Nashik.

The Dy. Director, Tribal Development, Sahyadri Division, Nashik.

The Project Officer, Integrated Tribal Development Project, Taloda, Dist. Nandurbar.

6.

The Project Officer, Integrated Tribal Development Project, Nandurbar, Dist. Nandurbar.

[Copy to be served upon Govt. Pleader, High Court, Bench at Aurangabad.

... Respondents.

.....

WITH WRIT PETITION NO. 1272 OF 2004 Kumbhar Suresh Jayaram Age. 41 Years. Occu. Service, R/o. Jawaharlal Neharu Ashram School, Raysingpur, Tq. Akkalkuwa, Dist. Nandurbar.

Patil Anil Shivdas, Age. 37 Years, Occu. Service, R/o. Jamana Ashram School, Post. Jamana Tq. Dhadgaon, Dist. Nandurbar.

Pawara Harsingh Khetya, Age. 35 Years, Occu. Service, R/o. Ashram School, Bilgaon, Post. Chikhali, Tq. Dhadgaon, Dist. Nandurbar.

Padvi Ishwar Khaalya, Age. 34 Years, Occu. Service, R/o. Goramba, Ashram School,

-6Post. Toranmal, Tq. Dhadgaon, Dist. Nandurbar.

... Petitioners

Versus

The State of Maharashtra Through its Secretary to Education Department, Mantralaya, Mumbai - 32.

Under Secretary, Tribal Development Department, Mantralaya, Mumbai - 32.

The Commissioner, Tribal Development Commissionerate, Nashik.

The Dy. Director, Tribal Development, Sahyadri Division, Nashik.

The Project Officer, Integrated Tribal Development Project, Taloda, Dist. Nandurbar.

6.

The Project Officer, Integrated Tribal Development Project, Nandurbar, Dist. Nandurbar.

[Copy to be served upon Govt. Pleader, High Court, Bench at Aurangabad.

... Respondents.

.....

CORAM : A. V. NIRGUDE AND V. K. JADHAV, JJ.

DATED : 6th OCTOBER, 2015 ORAL JUDGMENT (PER A.V. NIRGUDE, J.) :- All these petitions can be disposed of in view of the definite policy decision declared by the State of Maharashtra vide

-7Government Resolution dated 11.11.2011.

Copy of said Government Resolution is taken on record and marked "X" for identification.

Almost all the petitioners possess graduate B. Ed. qualification and yet they are working as teachers on primary school. The Government of Maharashtra now declared its policy that only 25% of total strength of the teachers in the school would be permitted to be considered as trained teachers even though they possess the graduate B. Ed. qualification and remaining 75% teachers would be treated as untrained teachers and accordingly their pay scale would be reduced. This decision appears to be logical because the posts of teachers in primary school should be filled in by appointing eligible candidates, who possess the requisite qualification, such as S.S.C./H.S.C. D. Ed. The over qualified candidates were selected earlier.

The Government declared that the policy of only 25% of such over qualified candidates would be protected and rests would not get the pay scale of graduate B. Ed. qualification. In view of this, all the petitioners would find out from their employer i.e. the respective management and the concerned Project Officer as to who among them would fall within 25% and who among them would be protected.

-8petitions in terms of following order:-

O R D E R

I.

Interim orders protecting the pay scale of the petitioners in these writ petitions would continue for a period of eight weeks from today.

II.

In the meantime, the respondents shall communicate to all the petitioners, individually, as to whether they would fall within 25% or not, in terms of policy declared by the Government vide Resolution dated 11.11.2011.

III.

Writ petitions stand disposed of. Rule discharged. ( V. K. JADHAV, J.) ( A. V. NIRGUDE, J. ) rlj/

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