Ku. Khushboo D/O Shyamrao Jagane (Smt. Khushboo W/O Ajay Barve) v. The Divisional Caste Certificate Scrutiny Committee No.1, Nagpur Division And Another

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR CIVIL APPLICATION NO.2106/2016 IN WRIT PETITION NO.2033/2012 Ku. Khushbu Shyamrao Jagane ..vs.. The Divisional Caste Certificate Scrutiny Committee No.1, Nagpur Division, Nagpur and anr. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mr. P. D. Meghe, Advocate for applicant.

Mrs. K. Deshpande, A.G.P. for non applicant no.1. Mr. A. Y. Kapgage, Advocate for non applicant no.2. CORAM : B. R. GAVAI & V. M. DESHPANDE, JJ.

DATE : OCTOBER 5, 2016 Heard.

This is an application for direction to the non applicants-respondents to pay salary to the applicantpetitioner as per the pay scale applicable to the Primary Teacher of Zilla Parishad.

The application is opposed by the Zilla Parishad on the ground that the applicant's appointment is subject to validation of her caste claim. It is submitted that the applicant would be entitled to the regular salary only if her claim is validated and if she completes 3 years period as Shikshan Sevak.

We find that the contention raised by the Zilla Parishad is without substance. This Court, vide order dated 04.10.2012, after hearing the parties, has granted interim relief in terms of prayer clauses (d) and (e). It can be thus seen that this Court had stayed the order of the Scrutiny Committee and also restrained the Zilla Parishad from terminating the services of the applicant.

In that view of the matter, upon completion of three years' service as Shikshan Sevak, the petitioner was entitled to the salary in the pay scale of Primary Teacher. Even otherwise, the petitioner would be entitled to the salary on the principle of "Equal pay for equal work". If the other employees, who were appointed with the petitioner are getting regular salary, the petitioner cannot be deprived of the same.

In that view of the matter, rule is made absolute in terms of prayer clause (i) of the application. However, with a rider that the same shall be done from the date on which the applicant has completed three years service as Shikshan Sevak.

JUDGE JUDGE kahale

CERTIFICATE copy of original signed Judgment/Order.

Uploaded by: Y. A. Kahale.

Uploaded On:07.10.2016