(1) wp6907-11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 6907 OF 2011 Chhagan Natha Rajapure PETITIONER VERSUS The State of Maharashtra and others RESPONDENTS ..... Mr. Sachin S. Deshmukh, advocate for the Petitioner. Mr. S.K. Tambe, A.G.P. for the Respondent-State. Mr. V.R. Dhorde, advocate for Respondent Nos. 4 and 6. ..... CORAM : B.R. GAVAI AND M.T. JOSHI, JJ. DATED : 19th DECEMBER, 2011 ORAL ORDER: 1. Rule. Rule made returnable forthwith and heard finally, by consent. 2. By way of present petition, the petitioner is praying for a direction to the Respondents to consider his case for appointment as a full-time teacher in consonance with the policy as laid down by Government Circular dated 31st January, 2001. (2) wp6907-11 3. It is the contention of the petitioner that he being duly qualified, was appointed from the year 2005 on various occasions as a part-time teacher in the subject of Geography. It is contended that in view of the Government Circular dated 31st January, 2001, on account of availability of a vacancy of full-time teacher, a part-time teacher is required to be absorbed in the said post. It is submitted that inspite of this, the Respondent No. 4 has issued an advertisement thereby inviting the applications from the eligible candidates for the post of full-time teacher in subject `Geography' in the school run by it. 4. Shri Dhorde, learned counsel appearing on behalf of the Respondent No. 4 and 6, fairly concedes that the Respondent No. 4 has no objection for appointing the petitioner as full-time teacher. He, however, submits that in view of the communication dated 24th May, 2004, addressed by the Desk Officer, School Education Department, Government of Maharashtra, there is an ambiguity in respect of the State Policy. He states that the said communication (3) wp6907-11 provides that even if a full-time teacher's post is available, it will be a new appointment if a part- time teacher is absorbed in that post and the appointment will have to be filled in as Shikshan Sevak. He further states that the said communication provides that the part-time teacher cannot be granted a full-time teacher's pay scale. 5. In view of above facts and circumstances, we had asked the learned A.G.P. to make a statement as to whether the policy as laid down vide Government Circular dated 31st January, 2001 is still in vogue or not. The learned A.G.P., on instructions, states that the said Policy is still in existence. We, therefore, find that the claim of the petitioner is justified. However, apprehension of the Respondent No. 4 also cannot be said to be unwarranted. We find that it will be, therefore, appropriate to reconcile the Government Policy as laid down vide Government Circular dated 31st January, 2001 with the communication dated 24th May, 2004, referred hereinabove. (4) wp6907-11 6. A part-time teacher, who is in employment of an Institution, will be required to be absorbed in a vacancy of a full-time teacher being available in the said Institution. However, on such absorption, the person absorbed would not be entitled to an appointment as an Assistant Teacher but as a Shikshan Sevak and only on completion of three years' period as Shikshan Sevak, he would be entitled to get the regular salary of a full-time Assistant Teacher. In that view of the matter, we allow the writ petition in following terms. (a) The Respondent No. 4 is directed to appoint the petitioner as Shikshan Sevak in the subject of Geography in the vacancy available with it as Shikshan Sevak in the subject of Geography. The same shall be done within a period of one month from today. (b) After successful completion of three years' tenure as Shikshan Sevak by the petitioner, he would be entitled to get his salary in the Pay Scale of a full-time Assistant Teacher. (5) wp6907-11 7. Rule is made absolute in above terms. [M.T. JOSHI, J.] [B.R. GAVAI, J.] npj/wp6907-11