(1) IN THE HIGH COURT OF JUDICATURE AT BOMBAY, AURANGABAD BENCH, AT AURANGABAD. WRIT PETITION NO. 6521 OF 2008 Jayant s/o. Vasant Wankhede, Age : 32 years, Occupation : Service, as Assistant Teacher in Ghanashyam Kashiram Vidyalaya, Amode, Taluka : Yawal, District : Jalgaon, R/o. Amode, Taluka : Yawal, District : Jalgaon. .. Petitioner. versus 1. The State of Maharashtra, through its Secretary, School Education Department, Mantralaya, Mumbai. 2. The Director of Education, Maharashtra State, Pune. 3. The Deputy Director of Education, Nasik Division, Nasik. 4. The Education Officer (Secondary), Zilla Parishad, Jalgaon. 5. The Head Master, Ghanashyam Kashiram Vidyalaya, Amode, Taluka : Yawal, District : Jalgaon. (2) 6. Amode Shikshan Prasarak Mandal, Amode, Taluka : Yawal, District : Jalgaon, Through its President. .. Respondents. .......................... Mr. S.R. Barlinge, Advocate, for the petitioner. Mr. R.P. Phatke, Additional Government Pleader, for respondent nos.1 to 4. Mr. A.S. Shelke, Advocate, for respondent nos.5 and 6. .......................... CORAM : B.R. GAVAI & N.D. DESHPANDE, JJ. DATE : 1ST SEPTEMBER 2009. ORAL JUDGMENT (Per B.R. Gavai, J.) : 1. Rule. Rule made returnable forthwith. Heard by consent. 2. The limited grievance of the petitioner is that though he has been now brought into Category "C" of Schedule "F" of the Maharashtra Employees of Private Schools (Conditions of Service) Rules, 1981, he is still being paid salary in the pay scale of Rs. 4500-7000 i.e. for a S.S.C., D.Ed. teacher. (3) 3. The petitioner though holding qualification of B.A.,B.Ed., was initially appointed in the year 1999 against a post having S.S.C., D.Ed. scale. Feeling aggrieved, that after his appointment, various other persons were appointed in higher pay scale i.e. B.A.,B.Ed., a representation was made by him to the Education Officer. Accordingly, vide order dated 3rd July 2008, seniority has been re-determined and the petitioner has been shown at serial No. 6. However, it can be seen from the seniority list, that though the petitioner and one Sau. Lina Satish Ingale are shown at serial Nos.5 and 6, their pay scale is shown to be of Rs. 4500-7000, whereas various other teachers, who are junior to the petitioner and said Sau. Ingale, are shown in the pay scale of Rs. 5500-9000. 4. From the Government Resolution dated 9th July 1987, it is undisputed position, that though a teacher possessing B.A.,B.Ed. qualification is appointed against a post which prescribe S.S.C.,D.Ed. qualification, he is entitled to be absorbed against a post having scale of a trained graduate teacher, on a vacancy arising in the said school. Admittedly, the petitioner has remained silent from 1999 till 2008. We are, therefore, not inclined to grant the prayer made by the petitioner for arrears. However, it is clear that the petitioner would be, at least, entitled to a higher pay scale from 3rd July 2008. We find, that the same is also the case with said Mrs. Lina Satish Ingale. The petition of said Mrs. Ingale has already been disposed of by this court vide order dated 6th April 2009, by directing the Education Officer to consider her representation for grant of appropriate time scale. (4) 5. Hence, the petition is allowed. (i) We direct the respondent no.4 i.e. Education Officer to consider the claim of the present petitioner, as well as, candidate at serial no.5 in the seniority list dated 3rd July 2008 (Sau. Lina Satish Ingale), for grant of pay scale of trained graduate teacher, at least, from 3rd July 2008 i.e. the date on which they are brought in "C" category. (ii) The Education Officer shall consider the cases of the petitioner and the candidate at serial no.5 in the seniority list dated 3rd July 2008 (Sau. Lina Satish Ingale), within a period of four months from today, by giving an opportunity of being heard to the petitioner and the candidate at serial no.5 in the seniority list (Sau. Lina Satish Ingale) and, in case, if it is found , that the pay scale of any of the teachers, who are junior to the petitioner and candidate at serial no.5 in the seniority list (Sau. Lina Satish Ingale), are required to be reduced in the rank of pay scale, then also to such of the teachers. 6. Rule is made absolute in the aforesaid terms. There shall be no order as to costs. ( N.D. DESHPANDE ) ( B.R. GAVAI ) JUDGE JUDGE ......................... bgp/wp6521