: 1 : wp-4458-11-C=.doc USJ IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 4458 OF 2011 Sunil Mukundrao Kale & Ors. .. Petitioners v/s. The State of Maharashtra & Ors. .. Respondents WITH WRIT PETITION NO. 5050 OF 2011 Bharti Nivrui Jadhav @ Subhash Patil .. Petitioner v/s. The State of Maharashtra & Ors. .. Respondents WITH WRIT PETITION NO. 5649 OF 2011 Samirahmad Mahamadalli Shaikh & Ors. .. Petitioners v/s. The State of Maharashtra & Ors. .. Respondents WITH WRIT PETITION NO. 5650 OF 2011 Dattatraya Pandurang Damare & Ors. .. Petitioners v/s. The State of Maharashtra & Ors. .. Respondents WITH WRIT PETITION NO. 5651 OF 2011 Arun Narsingh Kadam & Ors. .. Petitioners v/s. The State of Maharashtra & Ors. .. Respondents : 2 : wp-4458-11-C=.doc WITH WRIT PETITION NO. 5652 OF 2011 Sampat Sitaram Kadam .. Petitioner v/s. The State of Maharashtra & Ors. .. Respondents WITH WRIT PETITION NO. 5653 OF 2011 Dattatraya Pandit Bagul & Ors. .. Petitioners v/s. The State of Maharashtra & Ors. .. Respondents WITH WRIT PETITION NO. 5654 OF 2011 Goraksha Vijaykumar Jadhav & Ors. .. Petitioners v/s. The State of Maharashtra & Ors. .. Respondents WITH WRIT PETITION NO. 5655 OF 2011 Mahavir Adappa Sankanawar & Ors. .. Petitioners v/s. The State of Maharashtra & Ors. .. Respondents ......... Mr. S.B. Deshmukh i/b R.B. Deshmukh for the petitioner/s Mrs. Neha Bhide Palshikar, AGP for respondents ......... CORAM : A.M. KHANWILKAR & R.Y.GANOO, JJ. DATE : 25th JULY, 2011. : 3 : wp-4458-11-C=.doc P.C. : 1. Rule. The learned A.G.P. waives service on behalf of respondents. 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 : wp-4458-11-C=.doc 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 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, : 5 : wp-4458-11-C=.doc and the Rule is made absolute on the above basis in terms of prayer clauses (B) to (D). (R.Y.GANOO, J.) (A.M. KHANWILKAR, J.)