Shahaji Apparao Pawar v. State Of Maharashtra Thr. Its Secretary Education Dept. And ORS

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 19095 OF 2024 Shahaji Apparao Pawar

...Petitioner

Versus

The State of Maharashtra & Ors.

...Respondents

Mr. Vishwasrao Deokar, Advocate for the Petitioner. Mr. Swapnil Kamble, AGP for Respondent Nos.1 to 3/State. Ms. Priyanka Chavan, Advocate for Respondent Nos.4 & 5. CORAM : RAVINDRA V. GHUGE & ASHWIN D. BHOBE, JJ.

DATE : 9th APRIL, 2025 P.C. :- 1.

Our direction set out in Paragraph No.1 of the order by SUNNY ANKUSHRAO THOTE Date:

2025.04.16 14:11:58 +0530 SUNNY ANKUSHRAO THOTE dated 1st April, 2025, shall be implemented forth with. 2.

In identical set of facts, this Court has delivered a Judgment on 7th November, 2014 at the Aurangabad Bench in Writ Petition Nos.9015 of 2014, 9033 of 2014, 6104 of 2014. Paragraph Nos.4, 5, 6 and 7, read as under :- "4. Learned counsel for the Zilla Parishad submits that there is no proof annexed to the petition about the date of appointment of the petitioners. The Zilla Parishad would confirm the dates of appointment and

would consider the case of the petitioners in view of the Government Resolution dated 4.10.1983.

5.

The said aspect as agitated in the present petitions is no longer res-integra in view of the judgment referred above.

6.

The Respondent Nos.3 and 4 on confirming itself about the dates of appointment and if it is satisfied that the petitioners are appointed prior to 2.7.1972 then the Respondents shall accord the benefit of trained Primary Teachers pay-scale to the petitioners as per Government Resolution dated 4.10.1983 i.e. pay band of Rs.1200-2040 since 1986 and in the pay-band of Rs.4500-7000 since 1996 onwards.

7.

In case of comes to the conclusion that the petitioners are entitled, the same benefits shall be paid expeditiously and preferably within six (6) months from today."

3.

Considering the above and the earlier Judgment of this Court in Writ Petition No.1311 of 1997, Respondent No.5 shall carry out a verification exercise in coordination with Respondent No.6, as regards the date of appointment of the Petitioner and if it is satisfied that the Petitioner was appointed prior to 2nd July, 1972, the relief as is available (in the light of Paragraph Nos.6 and 7 reproduced above), would also be made available to the Petitioner within six months from today. Considering the delay caused in approaching this Court, the Petitioner would not be entitled for any interest component.

4.

In view of the above directions, this Writ Petition is disposed off.

(ASHWIN D. BHOBE, J.) (RAVINDRA V. GHUGE, J.)