1 76311 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 763 OF 2011 Govind S/o. Vishwanath Diggikar & Ors. ...Petitioners V/s. The State of Maharashtra & Ors. ...Respondents WITH WRIT PETITION NO. 3141 OF 2011 Noorali Bandubhai Mansuri & Ors. ...Petitioners V/s. The State of Maharashtra & Ors. ...Respondents Mr. S.B. Deshmukh i/by Mr. R.B. Deshmukh for the Petitioners Mr. A.B. Vagyani, A.G.P., for the Respondents CORAM: A.M. KHANWILKAR AND MRS. MRIDULA BHATKAR, JJ. DATE: 5TH MAY, 2011 P.C.:- Rule. The learned A.G.P. waives service on behalf of respondents. 2 76311 2. As short question is involved, the petition is taken up forthwith for final disposal, by consent. 3. The petitioners are Trained Teachers. They are working in Ashram Schools. They have been selected by due process and appointed. They have qualifications of Trained Graduates. Their services were approved as Trained Teachers, and were being paid in the pay-scale available to Trained Teachers. However, the Authorities started paying the petitioners in the pay-scale of Untrained Teachers, on account of Government Resolution dated 18th September, 2000. Similarly placed persons challenged the said action of the Authorities. 4. The issue was considered by the Full Bench of our High Court, which held that requisite qualification for being employed as a Primary Teacher was D.Ed. The issue has now been settled on account of the decision of the Apex Court in the case of State of Maharashtra v. Tukaram Trimbak Chaudhari & Ors., reported in 2007 AIR SCW 1321. Since the petitioners possess necessary qualification, they are entitled to be considered as Trained Teachers, if they are employed with primary schools with Standards V to VII. Those petitioners, who were so 3 76311 employed, would be justified in demanding the pay-scale available to Trained Teachers. 5. Similar issue was raised in the case of Govinda Narayan Gunjal v. the State of Maharashtra, Writ Petition No. 6437 of 2003 dated 12th March, 2008 and companion cases, which were allowed on 12th March, 2008. 6. For the same reason, therefore, these petitions are allowed, and the Rule is made absolute on the above basis in terms of prayer clauses (B) to (D). MRS. MRIDULA BHATKAR, J. A.M. KHANWILKAR, J.