Bombay High Court
Balkrishna Narayan Kamane vs State Of Maharashtra & 4 Others on 5 January, 2016
Author: Vasanti A. Naik
Bench: Vasanti A. Naik, A.S. Chandurkar
wp4696.99.odt 1/4
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH : NAGPUR.
WRIT PETITION NO.4696 OF 1999
PETITIONER: Balkrishna Narayan Kamane, Aged about 47
years, Assistant Teacher, Post Khandala,
Tahsil Sakoli, District Bhandara.
-VERSUS-
RESPONDENTS: 1. State of Maharashtra, through the
Secretary, Department of Education
ig Mantralaya, Mumbai-400 032.
2. Deputy Director of Education, Nagpur
Division, Nagpur.
3. Education officer, Zilla Parishad,
BHANDARA.
4. Tilak Vidyalaya, Khandala, through Head
Master, Tahsil Sakoli, District Bhandara.
5. Secondary Education Society, Sakoli,
through the Secretary, Tahsil Sakoli,
District Bhandara.
Ms. Samarth, Advocate for the petitioner.
Shri Shashikant Borkar, Advocate for respondent No.1.
Shri N. S. Khubalkar, Assistant Government Pleader for respondent No.2.
CORAM: SMT. VASANTI A. NAIK
AND
A.S. CHANDURKAR JJ.
DATED
: 05TH
JANUARY, 2016.
ORAL JUDGMENT : (Per Smt. Vasanti A. Naik, J)
By this petition, the petitioner seeks a direction to the respondent to fix the pay of the petitioner in the scale of Rs.365-760 ::: Uploaded on - 08/01/2016 ::: Downloaded on - 30/07/2016 23:50:32 ::: wp4696.99.odt 2/4 with effect from 1-2-1980. The petitioner seeks a direction to the respondents to grant consequential benefits to the petitioner in pursuance of the pay fixation.
The petitioner had passed the S.S.C. Examination and had thereafter secured the D. Ed. qualification in the year 1971. The petitioner secured the Bachelors Degree in Arts in the year 1976. The petitioner joined as a trained Teacher in the respondent No.4 School run by the respondent No.5 - Society in the year 1980. In pursuance of the Government Resolution dated 29-4-1978, the petitioner claimed the fixation of the pay of the petitioner as Rs.365-760. The request of the petitioner was not considered favourably and hence, the instant petition is filed.
Ms. Samarth, the learned Counsel for the petitioner submitted that the petitioner had taught the High School classes from 8 to 10 and, therefore, he was entitled to the pay scale of Rs.365-760 in pursuance of the Government Resolution dated 29-4-1978. It is submitted that all the other trained Teachers teaching the High School classes were receiving the pay in the aforesaid scale, but the said scale was wrongly denied to the petitioner. It is submitted that in pursuance of the Government Resolution dated 29-4-1978, the petitioner is entitled to the fixation of the pay in the aforesaid scale with effect from 1-2-1980.
Shri N. S. Khubalkar, the learned Assistant Government Pleader and Shri Shashikant Borkar, the learned Counsel for the ::: Uploaded on - 08/01/2016 ::: Downloaded on - 30/07/2016 23:50:32 ::: wp4696.99.odt 3/4 respondent Nos.4 & 5 made submissions on similar lines. It is submitted on behalf of the respondents that the petitioner would not be entitled to the fixation of the pay in the scale of Rs.365-760 as the petitioner does not fulfill the criteria as prescribed in the Government Resolution dated 29-4-1978 for seeking the fixation of the pay in the said scale. It is submitted that only Graduates with Diploma in Education, obtained after passing the H.S.S.C. Examination are entitled to the pay scale of Rs.365-760. It is submitted that the petitioner had not secured the D. Ed.
qualification after passing the H.S.S.C. examination and had secured the same after passing the S.S.C. examination. It is submitted that as per the Government Resolution dated 29-4-1978, the petitioner was rightly granted the pay scale of Rs.290-540. It is submitted that during the pendency of the writ petition, the Task Force considered the matter and held that the petitioner was entitled to receive the pay in the scale of Rs.290-450 only.
On a perusal of the Government Resolution dated 29-4-1978, it is clear that the pay scale of the petitioner was rightly fixed at Rs.290-450 and not at Rs.365-760 as claimed by the petitioner.
Merely because the petitioner had imparted education to the High School classes, the petitioner would not be entitled to the pay scale of Rs.365-760. The Government Resolution clearly provides that Diploma Graduates securing the diploma after the H.S.S.C. examination or 1 st year of college examination would be entitled to the pay scale of Rs.365-760. Since the petitioner had not secured the diploma after ::: Uploaded on - 08/01/2016 ::: Downloaded on - 30/07/2016 23:50:32 ::: wp4696.99.odt 4/4 passing of the H.S.S.C. examination and had secured the same after passing S.S.C. examination, the petitioner was rightly denied the pay in the scale of Rs.365-760. We do not find any illegality in the action of the respondents in not fixing the pay of the petitioner in the scale of Rs.365-760.
Since there is no merit in the writ petition, the same is dismissed with no order as to costs.
Rule stands discharged.
JUDGE JUDGE
//MULEY//
::: Uploaded on - 08/01/2016 ::: Downloaded on - 30/07/2016 23:50:32 :::