( 1 ) IN THE HIGH COURT OF JUDICATURE AT BOMBAY, AURANGABAD BENCH, AT AURANGABAD. WRIT PETITION NO. 3013 OF 1994 Shrikrishna s/o. Nilkanth Joshi, Age : 39 years, Occupation : Service, Assistant Teacher, Geeta Prashala, Kopargaon, Taluka : Kopargaon, District : Ahmednagar. .. Petitioner. versus 1. Kopargaon Education Society, Kopargaon, through its Secretary, Near Police Station, Kopargaon, District : Ahmednagar. 2. The Head Master, Geeta Prashala, Near Police Station, Kopargaon, District : Ahmednagar. 3. The Education Officer (Primary), Zilla Parishad, Ahmednagar. 4. The Deputy Director of Education, Pune Division, Pune. ( 2 ) 5. The Administrative Officer, Municipal School Board, Kopargaon, Taluka : Kopargaon, District : Ahmednagar. 6. The State of Maharashtra. .. Respondents. ....................... Mr. S.R. Barlinge, Advocate, for the petitioner. Mr. S.S. Shete, Advocate, for respondent nos.1 and 2. Respondent no.3 served (Absent). Mr. N.B. Patil, Assistant Government Pleader, for respondent nos.4 and 6. Mr. S.T. Shelke, Advocate, for respondent no.5. ........................ CORAM : B.R. GAVAI & S.V. GANGAPURWALA, JJ. DATE : 11TH JUNE 2010 ( 3 ) ORAL JUDGMENT (Per S.V. Gangapurwala, J.) : 1. By the present petition, the petitioner seeks a direction against the respondents, to treat the petitioner as a trained Teacher and he should be paid salary in the pay scale of Rs. 1200-2040 i.e. equivalent to the salary of the Teachers who have passed D.Ed. examination. The petitioner further seeks a direction that he be paid salary for the academic years 1992-93 and 1993-94. 2. The petitioner was appointed as an Assistant Teacher in the school run by respondent no.1 vide order dated 16-6-1982. The petitioner had acquired the qualification of B.Ed. in the year 1985. The petitioner's services came to be terminated vide order dated 20-5-1993 on the ground that he had not passed D.Ed. examination which is an essential training qualification for teaching primary classes. Against the said termination, the petitioner had preferred an appeal before the School Tribunal. The School Tribunal had granted stay to the termination of the petitioner from services. 3. The grievance of the petitioner is that he has not been paid salary in the pay scale of 1200-2040 though he has acquired higher qualification of B.Ed. The services of the petitioner were approved by the Education Officer vide order dated 13-8-1994, with a rider that the petitioner should acquire the qualification of ( 4 ) D.Ed. 4. The fact, that the petitioner has passed the training qualification of B.Ed., is not in dispute. 5. The issue involved in the present case is no longer res integra, in view of the judgment of the Apex Court in the case of State of Maharashtra & others Vs. Tukaram Tryambak Chaudhari & others (2007 AIR SCW 1321). The Apex Court has held that in service graduate teachers with B.Ed. degree, teaching in Primary School to which classes of 5th to 7th are attached, are entitled to be appointed and continued as trained teachers in B.Ed. scale. The Apex Court has observed thus : " In fact, one of the conditions for appointment of in service graduate primary teachers to the converted post carrying the higher pay scale was that such teacher should have obtained a degree in Arts or Science and had also obtained a degree in education namely, B.Ed. While adopting the aforesaid Resolution, the Government was, therefore, fully aware of the fact that there were graduate teachers teaching in standards 5 to 7 in the primary schools. This fact was also referred to by the Division Bench of the High Court in its ( 5 ) judgment under appeal. It has been mentioned that one of the contentions raised on behalf of writ petitioners was that in terms of Government Resolution dated 26th October 1982, the petitioners were entitled to be appointed and continued as trained teachers in B.Ed. scale. " 6. In that view of the matter, the petition deserves to be allowed. 7. In the result, the petition is allowed. (i) The respondents are directed to treat the petitioner, during the tenure of his service, as a trained Teacher and pay him the salary admissible to trained Teacher from the date on which the petitioner had acquired B.Ed. qualification. The primary duty to pay such salary is of the employer and shall pay the same within a period of six months from today. (ii) The respondent nos.1 and 2 are at liberty to submit the bills of arrears to the concerned authority. The competent authority shall process the same within a period of three months on receipt of said bills. Arrears of salary shall be paid to the petitioner within a period of six months from today. ( 6 ) 8. Rule is made absolute in the aforesaid terms. There shall be no order as to costs. ( S.V. GANGAPURWALA ) ( B.R. GAVAI ) JUDGE JUDGE ......................... bgp/wp3013