Shaikh Gulam Rasul Shaikh Sultan And Others v. State Of Maharashtra And Others

-1IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 5902 OF 2015 Shaikh Gulam Rasul Shaikh Sultan Age : 70 years., Occu. Retired, R/o. Suhana Communication, Sanjay Nagar, Juna Jalna, Jalna.

Rangnath s/o Sheshrao Ranaware Age : 71 years, Occu. Retired, R/o. Plot No. 33, "Laxmikunj", Alok Nagar, Near Ayyapa Mandir, Satara parisar, Beed Bye Pass, Post Satara, Tq. & District Aurangabad.

Sakharam s/o Ashruba Shinde Age 70 years, Occu. Retired, R/o. At post Tembhurni (Dattanagar), Tq. Jafrabad, District Jalna.

Pathan Jafar Khan Bashrat Khan Age : 65 years, Occu. Retired, R/o. Aurangabad Road, Shantinath Nagar, Jalna.

5.

Laxman s/o Ravaji Rajale Age : 69 years, Occu. Retired, R/o Malipura, Near Ekta Bhavan, Jalna.

6.

Uttam Wanajirao Sonar Age : 70 years, Occu. Retired, R/o. Uttamratna Building, Sahjivan Nagar (Kanchan Nagar), Ambad Road, Old Jalna, Jalna.

7.

Asaram s/o Anandrao Mehetre Age : 72 years, Occu. Retired, R/o. Vasundhara Nagar, Nava Mondha Road, Jalna, Tq. and District Jalna.

-28.

Yadav s/o Kadtu Jadhav Age 71 years, Occu. Retired, R/o. At Post Savkhed Bhoi, Tq. Deulgaon Raja, District Buldhana.

9.

Patilbua s/o Govindrao Dhaytidak Age : 73 years, Occu. Retired, R/o. Yashodeep nagar, Ambad Road, Juna Jalna, Jalna.

10.

Uttamrao s/o Parwatrao Kaluse, Age : 67 years, Occu. Retired, R/o. Sevali, Tq. Dist. Jalna.

... Petitioners

VERSUS

The State of Maharashtra Through the Secretary, Primary Education, Government of Maharashtra, Mantralaya, Mumbai -32.

Copy to be served on Government Pleader, High Court of Judicature of Bombay, Bench at Aurangabad.

The Deputy Director Education, Aurangabad Region, Aurangabad.

The Education Officer (Primary), Jalna Zilla Parishad, Jalna.

The Chief Executive Officer, Zilla Parishad, Jalna, District Jalna.

... Respondents .....

Advocate for Petitioners : Mr. Mahesh. R. Sonwane AGP for Respondent Nos. 1 & 2 : Mr. G. K. Naik-Thigle Advocate for Respondent Nos. 3 & 4 : Mr. S. S. Tope .....

CORAM : S. V. GANGAPURWALA AND V. K. JADHAV, JJ.

DATED : 16th JUNE, 2015

-3ORAL JUDGMENT (PER S. V. GANGAPURWALA, J.): Rule.

Rule made returnable forthwith by consent of the parties. The learned AGP waives notice of Rule for respondent Nos. 1 and 2 and Mr. Tope, the learned counsel, waives notice of Rule for respondent Nos. 3 and 4.

The contention of the petitioners is that if the petitioners, who were Assistant Teachers, completed 18 years service prior to 01.01.1986, then they are exempted from passing the qualifying examination. The learned counsel relies on the Government Circular dated 18.06.2008 and the Government Resolution dated 02.09.1989. The learned counsel also relies on the Judgment dated 08.10.2013 delivered in writ petition No. 4685 of 2012.

Mr. Tope, the learned counsel for respondent Nos. 3 & 4 submits that as the petitioners did not complete 18 years service after acquiring necessary qualification, the petitioners are not entitled for the benefits of the said Government Resolution and the Selection Grade pay. The learned AGP also supports the argument of the learned counsel for the Zilla Parishad.

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We have considered the submissions canvassed by the learned counsel for respective parties. The issue is now no longer res-integra in view of the judgment of the Division Bench of this Court dated 08.10.2013 in writ petition no. 4685 of 2012. This Court, in para 20 and 21 of the judgment, has observed as under : "20.

We are not in the least enamoured by the defence taken by respondents in their affidavit in reply. Perusal of the Government decisions and communications issued from time to time makes it abundantly clear that such teachers who have completed 18 years or more as on 01.01.1986, have been relieved from acquiring higher qualifications and such primary teachers, who complete 24 years qualifying service, from that day onwards would be entitled to Senior/Selection Grade. We would also like to take note of the fact that decisions have repeatedly referred to that the teachers who have not completed 18 years qualifying service as on 01.01.1986, are not entitled to such concession in higher qualifications. The factual matrix shows that the petitioners have completed more than 18 years of service as on 01.01.1986, and as such stand relieved from acquisition of requisite educational qualifications and as such are eligible to grant of selection grade thereafter on completion of 24 years of service as can be gathered from aforesaid extracts.

21.

As clarified in Government Circular dated 18th June, 2008, referred to hereinabove, the petitioners having completed 24 years of service after 01.01.1986, would be

-5eligible for consideration of grant of Selection / Senior grade with effect from the dates of completion of 24 years service, by respective petitioners i.e. from 13.08.1988 and 27.07.1991 respectively."

6.

In the light of the above, we pass the following order:

ORDER

I.

The respondents shall consider the petitioners (except petitioner Nos. 5 and 10) eligible for grant of Selection Grade pay after satisfying themselves about the petitioners having completed 18 years continuous service on 01.01.1986 and if found eligible, shall grant them pecuniary benefits and arrears arising therefrom as early as possible and preferably within a period of six months from today.

II.

Rule is made absolute in the above terms. The writ petition accordingly stands disposed of. No Costs. ( V. K. JADHAV, J.) ( S. V. GANGAPURWALA, J. ) rlj/-