924-WP-3246-2020.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD 924 WRIT PETITION NO. 3246 OF 2020 Sheshrao Umrao Deshmukh, Age: 75 years, Occu: Pensioner, R/o: Plot No.5, Ganesh Colony, Kannad, Tq. Kannad, Dist. Aurangabad …. Petitioner VERSUS 1] The State of Maharashtra Through its Principal Secretary, Rural Development Department, Mantralaya, Mumbai – 32. 2] The State of Maharashtra, Through its Principal Secretary, School Education Department, Mantralaya, Mumbai – 32. 3] The Chief Executive Offcer, Zilla Parishad, Aurangabad. 4] The Education Offcer [Primary], Zilla Parishad, Aurangabad. … Respondents ….. Mr. Salgare Vitthal G., Advocate for the Petitioner Mr. A. A. A. Khan, AGP for Respondent Nos.1 and 2 – State Mr. C. D. Biradar, Advocate for Respondent Nos.3 and 4 ….. CORAM : R. G. AVACHAT & NEERAJ P. DHOTE, JJ. DATE : 01.07.2025 ORAL JUDGMENT : [PER NEERAJ P. DHOTE, J.] 1. RULE. Rule made returnable forthwith. Heard fnally by consent of both the sides. 1 2025:BHC-AUG:16925-DB 924-WP-3246-2020.odt 2. The Petitioner was appointed as an untrained primary teacher on 22/02/1965 in the School managed and operated by Respondent Nos.3 and 4. The Petitioner retired on 28/02/1999 as the untrained primary teacher and was granted his pensionery benefts on the basis of pay-scale of the untrained primary teacher. The Petitioner claims the pensionery benefts as the trained teacher. The Government had issued a Government Resolution dated 04/10/1983 that the teachers of local bodies appointed prior to 1972 be treated as deemed trained teacher. The Petitioner is seeking the relief in terms of the following prayer clauses :- “B) By writ, order or directions the respondent No. 3 Chief Executive Offcer, Z.P. Aurangabad and 4 Education Offcer (Primary) Z.P. Aurangabad may kindly be directed to grant the pay scale of trained primary teacher of Rs. 1200-2040 from 01.01.1986 and Rs. 4500-7000 since 1996 to this petitioner deemed trained primary teacher by granting notional benefts of the pay scale of trained primary teacher till the retirement of the petitioner and to re-fx the pension of the petitioner in view of the Judgment and Order passed by this Hon'ble High Court in WP No.14421/2019 decided on 02.12.2019 in the interest of justice. C) Pending hearing and fnal disposal of present Writ Petition the the respondent No. 3 Chief Executive Offcer, Z.P. Aurangabad and 4 Education Offcer (Primary) Z.P. Aurangabad may kindly be directed to grant pay scale of trained primary teacher of Rs. 1200-2040 from 01.01.1986 and Rs. 4500-7000 since 1996 to the deemed trained petitioner primary teacher and re-fx the pay and pensionable pay of the petitioner on the basis of the above pay scales applicable to the trained primary teacher by granting notional increments and to re-fx the pension of the petitioner in the interest of justice. D) Ad-interim relief may kindly be granted as prayed under prayer clause "C". E) Any other suitable and equitable relief may kindly be granted in favour of the petitioner, in the interest of justice.” 3. The learned Advocate for the Petitioner submits that, only due to delay, the concerned authority has not granted the 2 924-WP-3246-2020.odt pensionery benefts to the Petitioner as the deemed trained teacher. He submits that, this Court in identical situation has allowed Writ Petition No.3243/2020 by the Judgment dated 20/03/2025. The learned Advocate for the Petitioner submits that the identical relief may be granted. 4. Though the learned Advocate appearing for Respondent Nos.3 and 4 opposes the Petition on the ground that there is delay in approaching this Court, he does not dispute the factual aspects of the matter and the above-referred Judgment of this Court relied upon by the learned Advocate for the Petitioner. He submits that, appropriate order be passed in the matter. 5. The learned AGP appearing for Respondent Nos.1 and 2 has no submissions to make. 6. Undisputedly, the Petitioner is covered by the above- referred Government Resolution dated 04/10/1983, which provides for the beneft as deemed trained teachers. Further it is not in dispute that the said Government Resolution was issued while the Petitioner was in service. Perusal of the above-referred Judgment, relied upon by the learned Advocate for the Petitioner, shows that in a more or less identical situation, this Court considered similar prayers. The said Judgment shows that the benefts were granted from the date of the Judgment. In light of the undisputed factual and legal aspects, we proceed to pass the following order :- ORDER [a] The pay-scale and the pensionery benefts of the Petitioner be fxed in accordance with the said Government Resolution as the deemed trained teacher. The actual benefts be given to the Petitioner from the date of this order. 3 924-WP-3246-2020.odt [b] The Writ Petition stands disposed off accordingly. [c] Rule is made absolute in the above terms. [NEERAJ P. DHOTE, J.] [R.G. AVACHAT, J.] Sameer/July-2025 4 Signed by: Md. Sameer Q. Designation: PA To Honourable Judge Date: 03/07/2025 10:21:33