W.P.No.3888 of 2010 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD WRIT PETITION NO.3888 OF 2010 Chandrakant s/o Rajdhar Desale and ors. ..Petitioners Versus The State of Maharashtra and ors. ..Respondents Mr A.D.Pawar, Advocate for petitioners Mr K.B.Choudhari, A.G.P. for respondents 1 to 3 CORAM : SMT. NISHITA MHATRE AND M.T. JOSHI DATE : 29th April 2011 PER COURT 1. The petitioners are Assistant Teachers working in the Ashram School run by the respondents. This Ashram School admits pupils in Class from I to Class VII. The petitioners are qualified with B.A. and /or M.A. degree besides a B.Ed. degree. Admittedly, none of the petitioners were qualified with a Diploma in Education. Accordingly, the petitioners were granted the trained teachers’ scale on their appointment to various Ashram schools. However, after the judgment of the Full Bench of this Court in Jayshree Chavan vs.State of Maharashtra, reported in 2000 (3) ALL.M.R. 465, their pay scale was reduced to that of an untrained W.P.No.3888 of 2010 2 teacher. This was because the view taken by the Full Bench was that the D.Ed. was the mandatory qualification for teaching in a primary school and, therefore, teachers, who did not possess this qualification were required to be treated as untrained teachers, although they were qualified with the B.Ed. degree. 2. Later, the Supreme Court in the case of State of Maharashtra and others Vs. Tukaram Trambak Chaudhari and ors., reported in 2007 AIR SCW 1321, has taken the view that primary schools in which Class V to Class VII were attached should treat teachers, who do not possess the D.Ed. qualification but have B.Ed. degree, as trained teachers to the extent of 25% of the posts. 3. It appears that the petitioners have now acquired the D.Ed. qualification and are being paid wages as trained teachers. Their grievance is that between the time when their pay scale as trained teachers was stopped because of the Full Bench judgment, till they were granted the pay scale of trained teachers, they ought to be given the difference in the pay scale. 4. We have no doubt that the grievance made by the petitioners is well founded. The petitioners are working in various Ashram schools, which admittedly run class I to Class VII. In such circumstances, in our W.P.No.3888 of 2010 3 opinion, the respondents must follow the judgement of the Supreme Court in State of Maharashtra and ors. vs. Tukaram Trambak Chaudhari (supra) and grant the trained graduate pay scale to the teachers with effect from the date they joined services, for those who fall within the 25% of quota for trained graduate teachers. We, therefore, direct the respondents to pay the petitioners the arrears with respect to the difference in the pay scales for trained and untrained teachers within twelve weeks from today. Petition disposed of accordingly. ( M.T. JOSHI, J. ) ( SMT. NISHITA MHATRE, J. ) (vvr/3888.10wp)