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Bombay High CourtWP/11904/2019disposed offdismissed for default

Shesharao Nanarao Khandare Through Lrs Pramila Sheshrao Khandare v. The State Of Maharashtra And Others

2019-09-30Hon'Ble Shri Justice S V Gangapurwala,Hon'Ble Shri Justice Anil S. Kilor2 pages

wp.11904.19 (9)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

BENCH AT AURANGABAD WRIT PETITION NO.11904 OF 2019 Sheshrao Nanarao Khandare through L.Rs. Pramila Sheshrao Khandare .. Petitioner

Versus

The State of Maharashtra and ors.

.. Respondents Mr L.H. Kawale, Advocate for petitioner Mr S.P. Tiwari, A.G.P. for respondent no.1 and 2 Mrs Y.M. Kshirsagar, Advocate for respondent no.3 CORAM : S.V. GANGAPURWALA AND ANIL S. KILOR, JJ.

DATE : 30.09.2019 ORAL ORDER :

1.

Issue notice to the respondents. The learned A.G.P. waives notice for respondent nos.1 and 2, Mrs Kshirsagar, learned Advocate waives notice for respondents no.3. According to the learned counsel for the petitioner, the petitioner is appointed prior to 1972 and is governed by the Government Resolution dated 4.10.1983. He is to be treated as deemed trained teacher. The pay scale is to be awarded to him that of a deemed trained teacher.

2.

Mrs Kshirsagar, learned Counsel submits that the petitioner has approached this Court late. The petition may not be entertained on the ground of delay and laches.

3.

We have considered the submissions. In catena of decisions, this Court has held that such petitioner who is appointed prior to 1972 and possessed SSC qualification is deemed trained teacher as per the Government Resolution dated 4.10.1983.

wp.11904.19 (9) 4.

However, considering the fact that the petitioner has approached this Court after a long slumber, we are not inclined to grant the petitioner 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 petitioner for pension purpose and other retiral benefits. 5.

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

Writ Petition is accordingly disposed of. No costs. ( ANIL S. KILOR, J.) ( S.V. GANGAPURWALA, J.) vvr