Ramesh vs Zilla Parishad on 30 September, 2008

                                      1

           IN THE HIGH COURT OF JUDICATURE AT BOMBAY:




                                                                              
                        NAGPUR BENCH: NAGPUR
                    WRIT PETITION NO.2609 OF 2008




                                                      
    PETITIONER:
            Ramesh s/o Kashinath Kumbhre, Aged about 36 years,
            occupation : Primary Teacher, r/o at Pimpri ( Deshpande)
            Post Gowardhan, Tahsil Pombhurna, District :




                                                     
            Chandrapur
                                 VERSUS
    RESPONDENTS:
    1]      Zilla Parishad, Chandrapur through its Chief Executive




                                          
            Officer, Chandrapur.
    2]      Education Officer (Primary), Zilla Parishad, Chandrapur
                             
    3]      State of Maharashtra, Department of School Education
            through its Principal Secretary, Mantralaya, Mumbai 32.
    4]      Divisional Commissioner, Nagpur Division, Nagpur.
                            
                                   00000
    Mrs. U.A. & Mr. A.R. Patil, Advocates for the petitioner
    Mr. M.M. Sudame, Advocate for respondent no.1.
           


    Mr. D.B. Patel, A.G.P. for respondent no.3
    ===================================
        



    CORAM : B. P. DHARMADHIKARI, J.

DATE: 30.9.2008

ORAL JUDGMENT
Heard finally by consent of parties.

Grievance of Advocate Mrs. Patil on behalf of petitioner

is that seniority list prepared for examining entitlement to the
Graduate Teacher’s Pay-scale in Primary School is ibvalid inasmuch
as it does not consider the date of obtaining B.Ed. qualification as a
norm for its preparation. Attention is invited to the judgment of this
court dated 21.10.2005 in Writ Petition No.4772/2008, 5129/2008,
5229/2004 to point out that the present employer / respondent

::: Downloaded on – 09/06/2013 13:55:34 :::
2

Zilla Parishad was party there and this court has laid down that for

preparation of seniority list, to examine such entitlement the date of
obtaining B.Ed. qualification by graduate teacher is the relevant

criteria. Perusal of seniority list filed at Annexure ‘H’ shows that in
column no.12 therein the B. Ed. qualification has not been given its
due importance and list appears to have been prepared only on the

basis of date of joining.

2] Even the impugned order passed by Chief Executive
Officer dated 20.9.1994 shows that the seniority list prepared on

the basis of date of joining only has been taken into account. In

these circumstances, advocate for the respondent no.1 and 2 states
that appropriate seniority list by taking into account the date of
acquiring B.Ed. qualification shall be prepared within a period of 2

months.

3] Respondent no.1 and 2 accordingly to prepare seniority
list and if in that seniority list petitioner finds place and the post of

the trained Graduate (25% quota) is available for him depending
upon his standing in the seniority list, petitioner shall be restored
the benefit of Graduate Pay Scale. In that event petitioner shall also

be given all arrears for the period during which said benefit was
withdrawn as per his entitlement. Rule accordingly. However, in
the circumstances of the case there shall be no order as to costs.

JUDGE
smp

::: Downloaded on – 09/06/2013 13:55:34 :::