: 1 : IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION WRIT PETITION NO.3063 OF 2006 WRIT PETITION NO.3063 OF 2006 WRIT PETITION NO.3063 OF 2006 Shri Puroshotam Shrikrishana Deshpande ...Petitioner. Shri Puroshotam Shrikrishana Deshpande ...Petitioner. Shri Puroshotam Shrikrishana Deshpande ...Petitioner. V/s. V/s. V/s. The State of Maharashtra & Ors. ...Respondents. The State of Maharashtra & Ors. ...Respondents. The State of Maharashtra & Ors. ...Respondents. Shri A.M.Joshi for the Petitioner. Shri A.M.Joshi for the Petitioner. Shri A.M.Joshi for the Petitioner. Shri P.P.Kakade, A.G.P. for the Respondent Nos.1 and 2. Shri P.P.Kakade, A.G.P. for the Respondent Nos.1 and 2. Shri P.P.Kakade, A.G.P. for the Respondent Nos.1 and 2. CORAM: B.H.MARLAPALLE & CORAM: B.H.MARLAPALLE & CORAM: B.H.MARLAPALLE & J.H.BHATIA, JJ. J.H.BHATIA, JJ. J.H.BHATIA, JJ. DATE : 5th December, 2006. DATE : 5th December, 2006. DATE : 5th December, 2006. P.C.: P.C.: P.C.: 1. We have perused the affidavit-in-reply filed by 1. We have perused the affidavit-in-reply filed by 1. We have perused the affidavit-in-reply filed by the Assistant Apprenticeship Adviser (Technical) from the Assistant Apprenticeship Adviser (Technical) from the Assistant Apprenticeship Adviser (Technical) from the office of the Deputy Director Vocational Education & the office of the Deputy Director Vocational Education & the office of the Deputy Director Vocational Education & Training Regional Office at Pune, as directed vide our Training Regional Office at Pune, as directed vide our Training Regional Office at Pune, as directed vide our order dated 7-11-2006. order dated 7-11-2006. order dated 7-11-2006. 2. Though the petitioner had claimed that his 2. Though the petitioner had claimed that his 2. Though the petitioner had claimed that his services should be counted from 1-1-1993, affidavit has services should be counted from 1-1-1993, affidavit has services should be counted from 1-1-1993, affidavit has clearly stated that from 24-5-1988 to 31-12-1992, the clearly stated that from 24-5-1988 to 31-12-1992, the clearly stated that from 24-5-1988 to 31-12-1992, the petitioner was holding the licence as Electrical petitioner was holding the licence as Electrical petitioner was holding the licence as Electrical Contractor and he was appointed in the educational Contractor and he was appointed in the educational Contractor and he was appointed in the educational institution as full time teacher from 7-10-1992 for the institution as full time teacher from 7-10-1992 for the institution as full time teacher from 7-10-1992 for the first time in the pay scale of Rs.1640-2900. His first time in the pay scale of Rs.1640-2900. His first time in the pay scale of Rs.1640-2900. His earlier service from 5-12-1991 was temporary and for earlier service from 5-12-1991 was temporary and for earlier service from 5-12-1991 was temporary and for particular academic year and, therefore, the period from particular academic year and, therefore, the period from particular academic year and, therefore, the period from 5-12-1991 to 22-12-1994 could not be counted. In 5-12-1991 to 22-12-1994 could not be counted. In 5-12-1991 to 22-12-1994 could not be counted. In : 2 : addition, he came to be removed from services as per the addition, he came to be removed from services as per the addition, he came to be removed from services as per the letter dated 13.12.1994 and thereafter, he was letter dated 13.12.1994 and thereafter, he was letter dated 13.12.1994 and thereafter, he was re-appointed. Under these circumstances, his fresh re-appointed. Under these circumstances, his fresh re-appointed. Under these circumstances, his fresh appointment was approved from 23-12-1994 on the appointment was approved from 23-12-1994 on the appointment was approved from 23-12-1994 on the permanent basis in the pay scale of Rs.2000-3200. permanent basis in the pay scale of Rs.2000-3200. permanent basis in the pay scale of Rs.2000-3200. Period of 12 years as the qualifying period for higher Period of 12 years as the qualifying period for higher Period of 12 years as the qualifying period for higher scale is counted from 23.12.1994, as has been explained scale is counted from 23.12.1994, as has been explained scale is counted from 23.12.1994, as has been explained in the affidavit. We do not find this to be a grossly in the affidavit. We do not find this to be a grossly in the affidavit. We do not find this to be a grossly erroneous approach by the Deputy Director of Vocational erroneous approach by the Deputy Director of Vocational erroneous approach by the Deputy Director of Vocational Education & Training and the petitioner would be Education & Training and the petitioner would be Education & Training and the petitioner would be eligible for the higher scale on completion of his eligible for the higher scale on completion of his eligible for the higher scale on completion of his service of 12 years on 23-12-2006. service of 12 years on 23-12-2006. service of 12 years on 23-12-2006. 3. We direct the respondents, i.e., respondent 3. We direct the respondents, i.e., respondent 3. We direct the respondents, i.e., respondent nos.2 and 4 to ensure that the petitioner’s case may be nos.2 and 4 to ensure that the petitioner’s case may be nos.2 and 4 to ensure that the petitioner’s case may be considered for the higher scale immediately on considered for the higher scale immediately on considered for the higher scale immediately on completion of his 12 years service on 23-12-2006 and as completion of his 12 years service on 23-12-2006 and as completion of his 12 years service on 23-12-2006 and as per the guide-lines laid down by the State Government per the guide-lines laid down by the State Government per the guide-lines laid down by the State Government from time to time. from time to time. from time to time. 4. The petition is disposed off in terms of the 4. The petition is disposed off in terms of the 4. The petition is disposed off in terms of the above directions. above directions. above directions. : 3 : (J.H.BHATIA,J.) (J.H.BHATIA,J.) (J.H.BHATIA,J.) (B.H.MARLAPALLE,J.) (B.H.MARLAPALLE,J.) (B.H.MARLAPALLE,J.)