(1) WP-7748.2009 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 7748 OF 2009 Syed Abdul Qadeer S/o Syed Abdul Qayum, Age : 52 years, Occu.: Service, R/o Near Farook Pasha Masjid, Behind Old Itwara Police Station, Old Gunj, Nanded - 431 605 PETITIONER VERSUS 1. State of Maharashtra (Through Secretary Education Department, Mantralaya, Mumbai) 2. Dy. Director of Education, Latur Division, Latur 3. Education Officer, Secondary, Zilla Parishad, Nanded 4. Principal, Madinatul-Uloom Junior College, Near Degloor Naka, Nanded-431 604 RESPONDENTS ..... Mr. S.A. Kulkarni, Advocate for the Petitioner. Mr. N.B. Patil, A.G.P. for the Respondent-State. Mr. V.S. Panpatte, Advocate h/f. Mr. Bhushan B. Kulkarni, Advocate for the respondent no.4 ..... CORAM : SMT. NISHITA MHATRE & M.T. JOSHI, JJ. DATED : 1ST JULY, 2011 JUDGMENT (PER - M.T. JOSHI, J.):- 1. Rule. Rule made returnable forthwith, by consent. (2) WP-7748.2009 2. The petitioner challenges the order of respondent no.2 treating him as a Shikshan Sevak and thereupon refusing to grant pay scale of ` 7225/- - 11050/- from the date of his appointment as a Junior College Teacher. 3. From the year 1990 till 2001, the petitioner worked as a permanent Assistant Teacher (Secondary) with the institution, which also runs the respondent no.4-Junior College. Thereafter, in the year 2001, the petitioner applied afresh for the post of Teacher in Junior College (English) in view of the vacancy with respondent no.4. He was appointed as a Junior College Teacher in the year 2009. Proposal for his approval was sent to the respondent no.2. However, approval was granted to his appointment treating him as a new appointee as a Shikshan Sevak only on 30.7.2002. Thereafter permanent approval as a Junior College Teacher was granted to him vide communication dated 9.11.2004. His contention is that since he was already serving as a Assistant Teacher (Secondary) with the same institute, upon his fresh appointment as a Junior College Teacher, he could not have been (3) WP-7748.2009 treated as a Shikshan Sevak on a consolidated pay of ` 5000/- only. On the other hand, according to him, he was entitled for the regular pay scale since the first date of his appointment in the pay scale as detailed above. 4. Reliance is placed by him in the G.R. dated 13.10.2000, whereunder a revised scheme for appointment as Shikshan Sevak was started by the State Government. Paragraph no.16(2) provides that if a Teacher is already in service, and thereafter, he resigns from the post and accept a fresh appointment, then the provisions of the G.R. providing for appointment as Shikshan Sevak would not be applicable in his/her case. 5. An affidavit is filed on behalf of the respondents 1 to 3 supplemented by a Circular dated 31.7.2004. It was averred that if a permanent secondary school Teacher resigns from the post and accepts an appointment in a Higher Secondary School, then in that case he should be treated as a Shikshan Sevak. (4) WP-7748.2009 6. While the G.R. specifically provides that a Teacher resigning his post and accepting the fresh service would not be treated as a Shikshan Sevak the Circular dated 31.7.2004, however, provides otherwise. In the circumstances, the Circular cannot override the Government Resolution. 7. In view of these facts, the Petition will have to be allowed in terms of prayer clause (B). However, considering the controversy regarding the applicability of G.R. and Circular, the petitioner will not be entitled for interest, as prayed by him in prayer clause (B). Therefore, except the prayer of grant of interest, the direction in terms of prayer clause (B) is issued. Arrears shall be paid to the petitioner within three (3) months from today. Rule made absolute accordingly. Sd/- Sd/- [M.T. JOSHI, J.] [SMT. NISHITA MHATRE, J.] arp