1 W.P. 3154,56,59/1999 - ( J ) IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 3154 OF 1999 Smt. Kaushalya W/o Ramrao Kamble Age : 43 Yrs., Occ. Service as Assistant Teacher, R/o : Latur, Dist. Latur. .... PETITIONER VERSUS 1。 The State of Maharashtra Through Govt. Pleader, High Court of Bombay Bench at Aurangabad. 2. Nagar Parishad Latur, through its Chief Officer. 3. The Education Officer Nagar Parishad Latur, Dist. Latur. RESPONDENTS WITH WRIT PETITION NO. 3156 OF 1999 Bhope Shivdas Gynoba Age : 49 Yrs., Occ. Service as Assistant Teacher, 2 W.P. 3154,56,59/1999 - ( J ) R/o : Latur, Dist. Latur. .... PETITIONER VERSUS 1。 The State of Maharashtra Through Govt. Pleader, High Court of Bombay Bench at Aurangabad. 2. Nagar Parishad Latur, through its Chief Officer. 3. The Education Officer Nagar Parishad Latur, Dist. Latur. RESPONDENTS WITH WRIT PETITION NO. 3159 OF 1999 Shobha W/o Shahadeo Borade Age : 49 Yrs., Occ. Service as Assistant Teacher, R/o : Latur, Dist. Latur. .... PETITIONER VERSUS 1。 The State of Maharashtra Through Govt. Pleader, High Court of Bombay Bench at Aurangabad. 2. Nagar Parishad 3 W.P. 3154,56,59/1999 - ( J ) Latur, through its Chief Officer. 3. The Education Officer Nagar Parishad Latur, Dist. Latur. RESPONDENTS -------------------------------------------------------------------------------------------------------- Mr.C.V.Thombre, Advocate holding for Mr. petitioner. Mr.N.B.Patil , Assistant Govt. Pleader for State. Mr. V.D.Hon , Advocate for respondent no. 2 & 3. -------------------------------------------------------------------------------------------------------- CORAM : B.R. GAVAI AND S.V. GANGAPURWALA, JJ. DATE: 09/08/2010 ORAL JUDGMENT : [ PER S.V. GANGAPURWALA, J. ] 1. The petitioners assail Order dated 20/12/1998 passed by respondent no. 2 and further prayed that respondent nos. 2 and 3 be directed to treat the petitioner as trained graduate teachers and to grant pay scale available to the trained graduate teachers. 2. The impugned order was passed by respondent no. 2 solely on the ground of the objection raised by the Auditor that the petitioners would not be treated as trained graduate teachers. 4 W.P. 3154,56,59/1999 - ( J ) 3. The Apex Court in the case of State of Maharashtra V/s Tukaram Tryambak Chaudhari & Oths. reported in 2007 AIR SCW - 1321 as laid down in Service Graduate Teachers holding B.Ed. Degree teaching in Primary School to which Class 5th to 7th are attached, are entitled be treated as trained graduate teachers. It is not disputed that class 5th to 7th are attached to the Primary School where petitioners are working. In view of the same, the impugned order is illegal and deserves to be set aside. 4. In view of the above, the objection itself is not sustainable in law interalia the impugned order passed on the basis of such audit objection is erroneous and not sustainable in law. 5. In the light of above, Rule is made absolute in terms of prayer clause ' B '. However, there shall be no order as to costs. [ S.V. GANGAPURWALA ] [ B.R. GAVAI ] JUDGE JUDGE knp/ WP 3154,56,59.99