1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD. WRIT PETITION NO.: 246 OF 2011 *** Ashok S/o Mhasu Bachate and others Versus The State of Maharashtra and othrs. Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions Court’s or Judge’s orders. and Registrar’s orders. WRIT PETITION NO.: 246 OF 2011 *** Ashok S/o Mhasu Bachate and others Versus The State of Maharashtra and othrs. *** Mr. G. K. Kshirsagar, Advocate for the Petitioner. Mr. V. H. Dighe, A.G.P. for Respondent No.1. Mr. S. T. Shelke, Advocate for Respondent Nos.2 and 3. *** P.C. [Per Deshmukh, J.] 1. Heard learned counsel for the respective parties. 2. In this writ petition, the petitioners are seeking the following prayers: "A) Rule may kindly be issued and it may be made absolute. B) By issuing appropriate writ, order or directions the impugned list of the selected candidates/ seniority list dated 6.1.2011 publishing the seniority list for granting the higher pay scale prescribed for Graduate Trained Teacher may kindly be 2 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD. WRIT PETITION NO.: 246 OF 2011 *** Ashok S/o Mhasu Bachate and others Versus The State of Maharashtra and othrs. Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions Court’s or Judge’s orders. and Registrar’s orders. quashed and set aside. C) By issuing of appropriate writ the respondent No.2 and 3 may kindly be directed to prepare a fresh list for granting higher pay scale to the primary teachers, thereby fixing the seniority on the basis of acquisition of higher qualification of B.Ed. degree preferentially in accordance with the judgment report in 2006 (3) Bom. C. R. 348." 2. It is the contention of the petitioners that the State of Maharashtra has issued instructions laying down the procedure for grant of higher pay scale to the teachers, serving in primary schools, having attached 5th and 7th standard classes. These instructions also provides for the manner in which the seniority of the teachers is to be maintained for grant of higher pay scale to the teachers, who have acquired higher 3 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD. WRIT PETITION NO.: 246 OF 2011 *** Ashok S/o Mhasu Bachate and others Versus The State of Maharashtra and othrs. Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions Court’s or Judge’s orders. and Registrar’s orders. qualifications, while in service. According to the petitioners, para 5 of the said Government Resolution provides for the seniority of the teachers who have acquired qualification of graduate trained teachers (B.A., B.Com.,B.Sc. with B.Ed.), while serving as primary teachers. According to the petitioners, they have precedence in the matter of grant of promotion in higher pay scale as against the Assistant Teacher serving either in the school subject or any other subject i.e. B.A., D.Ed. teachers. The issue was considered and decided by this Court. It is in the matter of "Vitthal S/o Fakruji Madavi and others V/s Zilla Parishad, Chandrapur and others" reported in 2006 (2) Mh.L.J. page 124. IN view of the judgment of this Court in Vitthal's case (supra) the petitioners have made representations to 4 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD. WRIT PETITION NO.: 246 OF 2011 *** Ashok S/o Mhasu Bachate and others Versus The State of Maharashtra and othrs. Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions Court’s or Judge’s orders. and Registrar’s orders. Respondent Nos.2 and 3 in the month of September, 2010 and December, 2010. The representations of the petitioners, according to them, have not been considered. 3. Per contra, Respondent No.1 Zilla Parishad published list of selected candidates/ seniority list for grant of higher pay scale of trained graduate teachers to the primary teachers by taking into account their seniority on the basis of length of the service and not in accordance with the judgment of this Court in the case of Vitthal (supra). 4. We have heard learned counsel for the parties. Learned counsel for Respondent Nos. 2 and 3 could not dispute the applicability of judgment of this Court in the matter of Vitthal (supra). In our opinion, the issue is squarely covered by the said judgment. 5 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD. WRIT PETITION NO.: 246 OF 2011 *** Ashok S/o Mhasu Bachate and others Versus The State of Maharashtra and othrs. Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions Court’s or Judge’s orders. and Registrar’s orders. This writ petition can be allowed in terms of prayer clauses (B) and (C). 5. In the result, writ petition is accordingly allowed in above terms and disposed of. [S. B. DESHMUKH, J.] [D. B. BHOSALE, J.] Dated:29/06/2011. ans/246