SHAMRAO TAYAPPA DHAVARE Vs. EDUCATION OFFICER

JUDGEMENT

(1.) Rule. Rule made returnable forthwith. By consent of counsel for the parties, the petition is heard finally.

(2.) By this Petition filed under Article 226 of the Constitution of India, 1950, Petitioner is seeking a direction of this Court to the first Respondent-Education Officer to grant approval to the proposal of the Petitioner for higher pay-scale pursuant to his direction to Respondent No.2, Management/Respondent No.3 vide his letter dated 11th December 2009.

(3.) The relevant facts are that the Petitioner having qualification of S.S.C., D.Ed. was appointed as Assistant Teacher in Respondent No. 3- School run by Respondent No. 2- Management in the year 1984. Petitioner obtained BA degree in the year 2001. After acquiring such degree, Petitioner expecting higher pay-scale as well as seniority, after such requests to school made a complaint to the Respondent No.1-Education Officer in respect of the same. Respondent No.1-Education Officer after issuing notices to the Respondent-Management and after hearing the concerned, directed the second Respondent-Management vide order dated 11th December 2009 to submit proposal in respect of Petitioner for higher pay-scale from the date of acquiring BA qualification. As submitted earlier, Petitioner acquired B.Ed. qualification on 23rd December 2010. Thereafter, on 4th August 2011, Respondents No. 3 and 4 passed resolution to appoint teachers in the 25% category. On 10th August 2011, the Petitioner was appointed in 25% category and assumed charge. On the same day, Respondent No.3 management forwarded a proposal for up-gradation of pay-scale of Petitioner. On 21st July 2012, Petitioner also wrote a letter to the first Respondent-Education officer to grant approval to the said proposal dated 10th August 2011.