Purushottam Ramchandra Padulkar v. The State Of Maharashtra And Others

{1} 71-WP-13029-18 & 72-WP-13038-18 J

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 13029 OF 2018 Purushottam S/o Ramchandra Padulkar Age : 72 years Occu: Retired R/o Bhagya Nagar, Jalna, Tq. Dist. Jalna

...Petitioner

Versus

1.

The State of Maharashtra through the Secretary, Primary Education Government of Maharashtra at Mantralaya, Mumbai-32 2.

The Deputy Director Education Aurangabad region, Aurangabad.

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

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

...Respondents

WITH WRIT PETITION NO. 13038 OF 2018 1.

Ranganath S/o Parasram Choudhary Age : 73 years Occu: Retired R/o Sindkhedraja, Tq. Sindkhedraja, Dist. Buldhana 2.

Wamanrao S/o. Sundaraji Mehetre Age : 73 years Occu: Retired R/o Sindkhedraja, Tq. Sindkhedraja, Dist. Buldhana Vishwaanath S/o Yashwant Kurangal Age : 72 years Occu: Retired R/o Sindkhedraja, Tq. Sindkhedraja, Dist. Buldhana

...Petitioners

{2} 71-WP-13029-18 & 72-WP-13038-18 J

Versus

1.

The State of Maharashtra through the Secretary, Primary Education Government of Maharashtra at Mantralaya, Mumbai-32 2.

The Deputy Director Education Aurangabad region, Aurangabad.

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

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

...Respondents

Mr. M.R. Sonwane, Advocate for Petitioners Mr. P.S. Patil, Additional Government Pleader for Respondent Nos. 1 and 2 in Writ Petition No. 13029 of 2018 Mr. S.G. Karlekar, Assistant Government Pleader for Respondent Nos. 1 and 2 in Writ Petition No. 13038 of 2018 Mr. S.S. Tope, Advocate for Respondent Nos. 3 and 4 in both the Writ Petitions.

CORAM : S.V. GANGAPURWALA AND A.M. DHAVALE, JJ.

DATE: 7th JANUARY, 2019 JUDGMENT : (PER S.V. GANGAPURWALA, J. ) :

1.

Rule.

2.

Rule made returnable forthwith by consent of the parties. The learned AGPs waive notice of Rule for

{3} 71-WP-13029-18 & 72-WP-13038-18 J 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 AGPs also support the argument of the learned counsel for the Zilla Parishad.

5.

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

{4} 71-WP-13029-18 & 72-WP-13038-18 J 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

{5} 71-WP-13029-18 & 72-WP-13038-18 J having completed 24 years of service after 01.01.1986, would be eligible 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 above, we pass the following order:

ORDER

I.

The respondents shall consider the petitioners 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 petitions accordingly stand disposed of. No Costs.

( A.M. DHAVALE, J. ) ( S.V. GANGAPURWALA, J. ) mta