IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO.2899 OF 2003 Office Notes, Office Memoranda of Coram appearances, Court's Orders Court's or Judge's orders or directions and Registrar's orders. 1 1] Rajendra s/o. Pannalal Gupta Age 55 years, Occ. Teacher, Head Master, Shri Guru Govind ram Seksaria High School at pachora, District Jalgaon. 2] Pachora Taluka Cooperative Education Society Pvt. Ltd. At Po. Tq. Pachora, District Jalgaon through Chairman ... Petitioners. Versus 1] The State of Maharashtra through Secretary Department of Education Mantralaya, Mumbai. 2] The Deputy Director of Education Nashik Division, Nashik. 3] Senior Auditor Education Department, Opposite EL. N. Sarvajanik High School Jalgaon. .. Respondents. ---- Mr. M.V.Deshpande, Advocate for petitioner. Mr. K.G. Patil, AGP for respondent Nos.1 to 3. CORAM :- B.R. GAVAI & A.V. POTDAR, JJ. DATE :- 28TH NOVEMBER, 2011. IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO.2899 OF 2003 Office Notes, Office Memoranda of Coram appearances, Court's Orders Court's or Judge's orders or directions and Registrar's orders. 2 ORAL JUDGMENT [ PER B.R. GAVAI,J.] :- 1] The petitioner herein has challenged the order dated 12th March, 2003, issued by the respondent No.2 holding thereby that his service during 13.6.1973 to 11.6.1974 was in untrained graduate teacher's pay scale and as such, cannot be considered for increment in graduate teachers pay scale.. 2] The petitioner was initially appointed as untrained graduate teacher in the year 1971 since at the relevant time, he was only possession B.Sc. Qualification. The petitioner, subsequently, acquired the qualification of B.Ed. in the year 1973. As such, the petitioner was appointed as a trained Graduate Teacher in Raosaheb Rupchand Vidyalaya,Jalgaon w.e.f. 12.6.1973. The petitioner was working in the said school till 11.6.1974. 3] It can thus be seen that the petitioner was working as a trained graduate teacher from June 1973, but subsequently, the petitioner vide order dated 9.6.1974 was appointed as Assistant Teacher in S.G.S. High School, Pachora. The petitioner was accordingly granted the trained graduate teacher's pay scale. However, a letter was addressed on 15th April, 2002, by the Accounts Officer, Education Department, Jalgaon to the Deputy IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO.2899 OF 2003 Office Notes, Office Memoranda of Coram appearances, Court's Orders Court's or Judge's orders or directions and Registrar's orders. 3 Director of Education, stating therein that the petitioner's appointment at R.R. High School Jalgaon from 13.6.1973 to 11.6.1974 was as an untrained graduate teacher, and, therefore, he was wrongly granted pay scale of a trained graduate teacher from 12.6.1974 and subsequently, the pay fixation was wrongly done on the said basis. 4] The petitioner made a representation to the Deputy Director of Education, stating therein that his pay scale was governed by Circular Dated 19.1.1979 and he submits that his pay fixation was done on the basis of the said Govt. Resolution, which was granted approval by the Director of Education. However, vide communication dated 12.3.2003, the Deputy Director of Education, granted approval to the re-fixation of the petitioner's pay scale, treating his services between 13.6.1973 and 11.6.1974, as untrained graduate teacher. 5] Perusal of the record would reveal that the petitioner has secured qualification of B.Ed. in the year 1972 and has also worked in his earlier school, i.e. R.R. High School, Jalgaon from. 13.6.1973 to 12.6.1974 as a trained Graduate teacher. We, therefore, find that his salary was rightly fixed by the authorities earlier and there was no occasion for the Auditor to re-open the petitioner's case. It is not in dispute that there is no break in service of the petitioner due to his appointment from RR High IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO.2899 OF 2003 Office Notes, Office Memoranda of Coram appearances, Court's Orders Court's or Judge's orders or directions and Registrar's orders. 4 School Jalgaon to S.G.S. High School, Pachora and the petitioner has been continuously working as trained graduate teacher from June, 1973. We, therefore, find that the order impugned is not sustainable in law. 6] We, therefore, quash and set aside the communication dated 12th March, 2003 and direct that the petitioner's fixation of salary as was done earlier to the impugned order being passed, be maintained. The arrears of salary, if any, on the basis of this order, be paid to the petitioner within 3 months from today. Needless to state that the petitioner would also be entitled to the pensionary benefits on the basis of the order, that has been passed by this court. Rule made absolute in above terms, with no orders as to costs. [A.V. POTDAR,J.] [B.R. GAVAI, J.] grt/-