Bombay High Court
Subhash Keshaorao Yenurkar, Amravati vs The P.O.Intigrated Tribal Dev. ... on 10 August, 2017
Author: R.K. Deshpande
Bench: R.K. Deshpande, Manish Pitale
1 wp1463.02.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH : NAGPUR
WRIT PETITION NO.1463 OF 2002
Subhash S/o. Keshaorao Yenurkar,
Aged about 36 years, Occ. : Service,
R/o. Bhokarbardi, Tah. Dharni,
Dist. Amravati. ... PETITIONER
.. Versus ..
1) The Project Officer, Intigrated
Tribal Development Project, Dharni,
2) Rashtrasant Tukdoji Maharaj
Shikshan Sanstha, Gurukunj
Ashram, Tah. Tiwsa,
Dist. Amravati. ... RESPONDENTS
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Mr. S.N. Tapadia, Advocate holding for Mr. V.V. Bhangde,
Advocate for Petitioner.
Mr. C.A. Lokhande, Advocate for Respondent No.1.
None for Respondent No.2
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CORAM : R.K. DESHPANDE &
MANISH PITALE, JJ.
DATED : August 10, 2017.
ORAL JUDGMENT (Per R.K. Deshpande)
The challenge in this petition is order dated 16.03.2002 passed by the Project Officer revoking the approval granted to the appointment of petitioner as Head Master on ::: Uploaded on - 18/08/2017 ::: Downloaded on - 18/08/2017 23:56:09 ::: 2 wp1463.02.odt 21.02.1995. The petitioner claims that he should be restored back to the scale of Rs.5500-9000 with effect from 01.01.1996.
2. The petitioner was appointed as Assistant Teacher on 19.06.1989 in primary school run by respondent No.2-society. This appointment was approved by the Project Officer on 02.02.1990.
3. The petitioner was thereafter promoted to the post of Head Master, which was approved by the Project Officer on 21.02.1995. There was earlier round of litigation with which we are not concerned now. However, the fact remains that on 30.03.2001 the approval granted to the post of Head Master was revoked on the ground that petitioner did not possess D.Ed. qualification, which was essential for appointment as Primary School Teacher. Consequently, the scale of petitioner was also reduced to Rs.3200-4900 and this is the subject matter of challenge in this petition.
4. The question as to whether the petitioner was qualified to hold the post of Trained Teacher in Primary School no longer remain res integra in view of the decision of the Apex ::: Uploaded on - 18/08/2017 ::: Downloaded on - 18/08/2017 23:56:09 ::: 3 wp1463.02.odt Court in State of Maharashtra and others vs. Tukaram Trymbak Chaudhari and others, reported in (2007) 9 SCC 201, wherein it is held that, a person possessing B.Ed. Degree as a training qualification can be considered as qualified to teach at primary school as a Trained Graduate Teacher.
5. In view of this, the order dated 16.03.2002 passed by respondent No.1-Project Officer cannot be sustained and the same will have to be quashed and set aside by restoring the earlier order dated 21.02.1995 and directing the placement of petitioner in the scale of Rs.5500-9000 with effect from 01.01.1996.
6. We are informed that by virtue of interim order the petitioner was promoted on the post of Head Master and he continued to hold the said post and drawing the scale of Rs.5500-9000 with effect from 01.01.1996.
7. In the result, this writ petition is allowed. The order dated 16.03.2002 passed by the Project Officer is quashed and set aside. The order dated 21.02.1995 is restored. The placement of the petitioner in the scale of Rs.5500-9000 which is ::: Uploaded on - 18/08/2017 ::: Downloaded on - 18/08/2017 23:56:09 ::: 4 wp1463.02.odt from 01.01.1996 is made confirmed.
8. Rule is made absolute in above terms. No order as to costs.
JUDGE JUDGE
waghmare
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