IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL CIVIL CIVIL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION CIVIL CIVIL CIVIL WRIT PETITION NO. 9130 OF 2007 WRIT PETITION NO. 9130 OF 2007 WRIT PETITION NO. 9130 OF 2007 Shri Balasaheb Ganpati Sathe ] .. Petitioner Versus 1. Government of Maharashtra & 4 ors. ] .. Respondents Mr. R.R. Mahagaonkar for the petitioner. Mr. S.S. Pakale for the respondents No.4 & 5. Mrs. S.S. Bhende, AGP, for the respondents No.1 to 3. CORAM: S.B. MHASE & A.A. KUMBHAKONI, JJ. DATED: 2ND JUNE, 2008 P.C. : 1. Heard. 2. The petitioner is an assistant teacher. Initially petitioner was possessing educational qualification of S.S.C. / D.Ed. While serving in the institution, he has completed B.A. and B.Ed. Therefore, he desires that he should be upgraded by his management by giving an appointment in the B.A. B.Ed. scale. The respondent - Management is having various schools and High Schools wherein accommodation of petitioner in the B.A. B.Ed. may be possible. When : 2 : the petitioner made a claim in this regard his claim was not considered and he was informed by letter dated 3rd January, 2007, that for absorption / promotion, there is no Government Resolution (GR) which can grant benefit as desired by the petitioner. However, it was clarified that the petitioner can apply whenever an advertisement is issued. Thus his claim was not considered by the institution and, therefore, this Petition. 3. Now our attention has been drawn to the GR dated 9th July, 1987 bearing No."Amasha"/4180/38754/K which has also been circulated by letter dated 12th October, 1992, to all the institutions. In this respect we find that the Government has taken decision on the basis of the recommendations made by the Joint Committee as to the manner in which the assistant teachers to be dealt with, who are working on D.Ed. scale in Vth to VIIth standards possessing B.A. B.Ed. educational qualifications. The said GR provides for absorption of the teachers who are working in VIIIth to Xth standards as untrained teachers though they are possessed of trained qualifications of B.A. B.Ed. 4. On going through the said GR, we find that the scheme of absorption has been provided in both the aforesaid categories of teachers working in Vth to VIIth : 3 : and VIIIth to Xth standard and the petitioner is entitled to have a benefit of this GR. We are told that the respondent-institution is having schools in both categories and, therefore, the claim of the petitioner can be certainly considered in either of the categories. 5. We, therefore, direct the respondent- Management to consider the case of the petitioner in view of the said GR and that the petitioner should be appropriately absorbed in B.A. B.Ed. scale. It is further directed that unless the petitioner is absorbed, fresh recruitment to the B.A. B.Ed. scale should not be made by the management. 6. Petition is disposed of with the above directions. Sd/- Sd/- [A.A. [A.A. [A.A. KUMBHAKONI, J.] KUMBHAKONI, J.] KUMBHAKONI, J.] [S.B. [S.B. [S.B. MHASE, J.] MHASE, J.] MHASE, J.]