Dagadu Maruti Mali And Others v. The State Of Maharashtra And Others

71-wp.7586-19 & ors.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 71 WRIT PETITION NO.7586 OF 2019 DAGADU MARUTI MALI AND OTHERS

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS 79 WRIT PETITION NO.7626 OF 2019 LALAN TULSHIRAM BHOSALE

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS ...

Mr. L.H.Kawale, Advocate for Petitioners.

Mr. A.M.Phule, Mr. S.N.Kendre, AGPs for Respondents-State. Mr. R.D.Raut, Advocate for Respondent No.3.

...

CORAM :

S.V. GANGAPURWALA AND MANGESH S. PATIL, JJ.

DATE :

24th June, 2019 PER COURT :- 1.

Issue notice to the respondents. The learned AGPs waive notice for respondent Nos.1 and 2. Mr. Raut, the learned counsel waives service of notice for respondent No.3. According to the learned counsel for the petitioners, the petitioners are appointed prior to 1972 and are governed by the Government Resolution dated 04.10.1983. They are to be treated as deemed trained teachers. The pay scale is to be awarded to them that of a deemed trained teacher.

71-wp.7586-19 & ors.odt 2.

Mr. Raut, the learned counsel submits that the petitioners have approached this court late. The petition may not be entertained on the ground of delay and latches. 3.

We have considered the submissions. In catena of decisions, this court has held that such petitioners who are appointed prior to 1972 and possessed SSC qualification are deemed trained teachers as per the Government Resolution dated 04.10.1983.

4.

However, considering the fact that the petitioners have approached this court after a long slumber, we are not inclined to grant the petitioners actual benefit of the arrears of salary of a deemed trained teacher till the date of the retirement. However, the same shall be notionally calculated and the actual benefit be given to the petitioners for pension purposes and other retiral benefits.

5.

The said exercise shall be done by the respondents expeditiously, preferably within a period of four months. 6.

Writ Petitions are accordingly disposed of. No costs. (MANGESH S. PATIL, J.) (S.V. GANGAPURWALA, J.) ...

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