Radheshyam S/O Vishnu Zalke And Others v. The State Of Maharashtra Thr. Secretary School Education Department, Mumbai And Another

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, NAGPUR WRIT PETITION NO.5297 OF 2016 Shri Radheshyam S/o Vishnu Zalke and ors ..vs..

The State of Maharashtra and another ....................................................................................................................................................... Office Notes, Office Memoranda of Coram, appearances, Court orders or directions Court's or Judge's Order and Registrar's orders ....................................................................................................................................................... Shri R.N. Ghuge, counsel for the petitioners. Shri V.A. Thakare, AGP for respondent Nos.1 & 2.

CORAM

: DR. MANJULA CHELLUR, C. J. & B.P. DHARMADHIKARI, J.

DATED : OCTOBER 18, 2016.

Heard learned counsel Shri R.N. Ghuge for the petitioners and learned Assistant Government Pleader Shri V.A. Thakare for respondent Nos.1 and 2/State. The prayer is raised before us seeking following reliefs :

"a) direct the Respondent no.2-Education Officer (Secondary) Zilla Parishad Washim to grant approval to the services of the Petitioners as Untrained Assistant Teachers from the date of completion of three years of their service as Shikshan Sevaks till their acquiring of D.Ed. qualification and to pay the arrears of salary to the Petitioners on account of difference of salary between the period of completion of three years service of Shikshan Sevak till the date of acquiring .....2/-

qualification of D.Ed., in the interest;"

Admittedly, the petitioners were appointed as "Shikshan Sevaks" and they were on probation for four years. During this period, apparently, they are entitled for honorarium in terms of the Circular issued by the Government of Maharashtra. Once they obtain required qualification, they would be entitled to work on probation, so far as untrained teachers, for a period of three years. The petitioners' claim before us is, after completion of first three years, they are entitled to pay-scale of untrained assistant teachers, irrespective of the fact when they obtain required qualification. Learned counsel for the petitioners has annexed several judgments of this Court to base his claim. However, he brings to our notice judgment in the case of Smita D/o Manohar Ramteke ...vs... State of Maharashtra and ors, reported at 2016 (4) MhL.J. 158, wherein this Court has clearly interpreted the position and opined that if "Shikshan Sevak" puts in three years satisfactory service and is appointed on a regular post of primary teacher, the question of post of untrained primary teachers would not arise.

In that view of the matter, the claim of the writ petitioners cannot be entertained under facts and circumstances presented in the writ petition in the light of observations of this Court, as stated above, which seems to .....3/-

have been confirmed by the Apex Court.

Accordingly, the writ petition is disposed of. (B.P. DHARMADHIKARI, J.) (CHIEF JUSTICE) !! BRW !!

.....4/-

C E R T I F I C A T E I certify that this Order/Judgment uploaded is a true and correct copy of original signed Order.

Uploaded by : Bhushan R.Wankhede.

Uploaded on :- 19/10/2016 (Personal Assistant) ...../-