1 wp7291.10 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE WRIT PETITION NO.7291 OF 2010 Sandip Dattatraya Pawar : Petitioner V/s. The State of Maharashtra & Ors. : Respondents .... WITH WRIT PETITION NO.7292 OF 2010 Dhanaji Dada Khade & Ors. : Petitioners V/s. The State of Maharashtra & Ors. : Respondents .... WRIT PETITION NO.7348 OF 2010 Vasant Kalanu Ingale : Petitioner V/s. The State of Maharashtra & Ors. : Respondents .... WRIT PETITION NO.7362 OF 2010 Dnyanu Nana Karande & Ors. : Petitioners V/s. The State of Maharashtra & Ors. : Respondents .... WRIT PETITION NO.7371 OF 2010 Udaysing Ramchandra Katkar & Anr. : Petitioners V/s. The State of Maharashtra & Ors. : Respondents .... 2 wp7291.10 AND WRIT PETITION NO.7434 OF 2010 Jaywant Sandipan Gangvane & Ors. : Petitioners V/s. The State of Maharashtra & Ors. : Respondents ... Mr.Vishwanath Talkute for the petitioners. Mr.C.R.Sonawane, Asstt. Govt. Pleader for respondent nos.1 to 3. .... CORAM : A.M. KHANWILKAR AND MRS.MRIDULA BHATKAR,JJ. DATE : MAY 03, 2011. P.C.: Heard the learned counsel for the parties. Rule, returnable forthwith. The learned Asstt. Govt. Pleader waives service for the respondent nos.1 to 3. 2. By these Writ Petitions, the petitioners pray for direction to the respondents to fix the petitioners’ pay scale as trained graduate teachers from the date of their first appointment and further grant other salary benefits such as increments, senior scale, etc., irrespective of the day on which the petitioners acquired the D.Ed. qualification. To buttress this view, the petitioners have relied on an unreported decision of our High 3 wp7291.10 Court, Bench at Aurangabad dated 12.3.2008 in Writ Petition No.6437 of 2007 (Govinda s/o. Narayan Gunajal v. The State of Maharashtra & Ors.) and companion cases. The fact that the petitioners possess the qualification of B.A./B.Sc./B.Ed./B.P.Ed. is not in dispute. As a matter of fact, in the present case, the respondents on affidavit have admitted that the petitioners have acquired B.Ed. qualification as well on 30.5.2002, but considering the exposition in the above case, the petitioners will have to be treated as trained teachers and if they are employed in primary school with standards V to VII, they would be entitled to receive the pay scale available to trained teachers. Paragraph 7 of the said unreported decision reads thus:- “7. As a result of confirmation of the view taken by the Division Bench at Bombay, of this High Court, in the matter of Kondiba (supra), it stands confirmed that person/individuals qualified as B.A., B.Sc./B.Ed., B.P.Ed. are entitled to be considered as trained teachers, if they are employed with primary schools with standards 5th to 7th, attached to the same, and, therefore, petitioners seem to be justified in demanding the 4 wp7291.10 pay scale available to trained teachers.” 3. In our opinion, therefore, the petitions ought to succeed by directing the Special District Social Welfare Officer, Satara, to extend similar benefits to the present petitioners as in the case of Govinda s/o. Narayan Gunajal (supra) and companion cases. The appropriate authority shall pass orders as may be necessary in compliance with this direction as expeditiously as possible and, in any case, not later than eight weeks from today. 4. Rule is made absolute in the above terms. No order as to costs. (A.M. KHANWILKAR, J.) (MRS.MRIDULA BHATKAR,J.)