1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 6680 OF 2008 1. Suryakant S/o Nandiappa Bachhe, Age : 33 years, Occu. : Service, R/o C/o Zilla Parishad Primary School, Shibdara (M), Tq. Hadgaon, District Nanded. 2. Pramod S/o Haribhau Suryawanshi, Age : 40 Years, Occu. : Service, R/o C/o Zilla Parishad Primary School, Shirad, Tq. Hadgaon, District Nanded. 3. Kailas S/o Lokdoba Sonkulwar, Age : 41 Years, Occu. : Service, R/o C/o Zilla Parishad Primary School, Penda, Tq. Kinwat, District Nanded. .. .. PETITIONERS Versus 1. The State of Maharashtra 2. The Zilla Parishad, Through its Chief Executive Officer, Nanded. 3. The Education Officer (Primary), Zilla Parishad, Nanded. .. .. RESPONDENTS Shri S. B. Talekar, Advocate for the Petitioners. Shri S. K. Tambe, A.G.P. for the Respondent No. 1. Shri V. S. Panpatte, Advocate for the Respondent Nos. 2 and 3. 2 CORAM : B. R. GAVAI, AND N. D. DESHPANDE, JJ. DATE : 12TH OCTOBER, 2009. ORAL ORDER [Per B. R. Gavai, J. ] : 1. Rule. Rule returnable forthwith. Heard by consent. 2. It is the grievance of the petitioners that, though they are possessing B.A. B.Ed. qualification, the persons who are not possessing said qualification have been given higher pay scale. 3. The issue is no res-intigra. This Court in the case of Vithal Fakruji Madavi and others Vs. Zilla Parishad Chandrapur and others reported in 2006 (2) Mh. L. J. 124, has laid down as to in what manner the seniority list shall be published. Undisputedly the seniority list impugned in the present petition has not been prepared in accordance with the law laid by this Court in the case cited supra. In the result the petition has to be allowed. However, the respondent No. 2 in the affidavit in reply dated 12th August, 2009 in paragraphs No. 1 and 2 has admitted the mistake of not preparing the earlier seniority list in accordance with the law laid down by this Court in the case cited supra and has clearly stated that the entire process of preparing the fresh seniority list and placement in accordance with said seniority list shall be completed within a period of six months from the date of the affidavit. 3 4. We are therefore, inclined to dispose of the petition by accepting the statement made in paragraphs No. 1 and 2 as an undertaking before this Court. As an interim arrangement the respondent No. 2 has sought permission to continue the persons who have already been granted higher pay scale only on Ad-hoc basis till the completion of the process of preparation of fresh seniority list. We are inclined to grant the said liberty with a rider that the persons who did not possess the B.A.B.Ed. qualification would not be paid higher salary and would be continued on Ad-hoc basis on the salary payable to the S.S.C. D. Ed. category. However, it is made clear that, the said process shall be completed within a period of six months from the date of affidavit. It is further made clear that, no further extension shall be granted by this Court. Rule is made absolute in aforesaid terms with no order as to costs. [ N. D. DESHPANDE, J.] [ B. R. GAVAI, J.] bsb/Oct. 09