Nivrutti Meghaji Godam v. The State Of Maharashtra Through The Principal Secretary And Others

- 1 -

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 10106 OF 2023 Nivrutti S/o Meghaji Godam .. Petitioner versus The State of Maharashtra & others .. Respondents Mr. S. B. Solanke, Advocate for the Petitioner. Mr. V. M. Kagne, AGP for Respondent Nos. 1 and 2. Mr. P. D. Suryawanshi, Advocate for Respondent Nos. 3 to 5. WITH WRIT PETITION NO. 2897 OF 2019 Sitaram s/o Saharam Shahane & others .. Petitioners versus The State of Maharashtra & others .. Respondents Mr. A. R. Tapse, Advocate for the Petitioners. Mr. V. M. Kagne, AGP for Respondent Nos. 1 and 2. CORAM : RAVINDRA V. GHUGE AND R. M. JOSHI, JJ.

DATE : 22nd MARCH, 2024.

PER COURT :

1.

At the request of learned Advocate for the Petitioners, Writ Petition No. 2897/2019 is taken on board.

- 2 - 2.

The learned Advocates for the Petitioners submit that the Petitioners were appointed prior to 1972 and were possessing S.S.C. qualification. Hence, as per the Government Resolution dated 04.10.1983, they are deemed to be trained teachers. They were entitled to the pay scale of a trained teacher. However, the Petitioners are not given these benefits. The Respondents be directed to extend the said benefit.

3.

The learned AGP appears for Respondent Nos. 1 and 2 and opposes the request. The Petitioners have retired long ago on 30th April, 1994. They did not move the Court all these years for voicing their grievance about the pay scale of the trained teachers. 4.

The Petitioners, in view of the Government Resolution dated 04.10.1983, would be deemed trained teachers, if they are possessing S.S.C. qualification and are appointed prior to 1972. However, considering the fact that the Petitioners have approached this Court with a long delay, we are not inclined to grant them the actual monetary benefits for the past period. 5.

These Petitions are, therefore, disposed off.

- 3 - 6.

The Respondents shall, after verifying that the Petitioners are S.S.C. and appointed prior to 1972, treat the Petitioners as deemed trained teachers and the pay scale shall be notionally calculated. The pension amount of the Petitioners shall be recalculated as deemed trained teachers and the said pensionary benefits be extended to the Petitioners, from the date of the filing of these Petitions, within a period of six months. ( R. M. JOSHI) ( RAVINDRA V. GHUGE) JUDGE JUDGE dyb