SITARAM BODELAL KASHIPUTRA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) By way of this petition, the petitioner, who was served as Assistant Teacher at the relevant time, has prayed for revising his pay scale, which is meant for Assistant Teacher of Rs. 365-760 which pay scale has been revised to Rs. 1400-2600. The original petitioner has already died and his heirs are brought on record. Learned counsel for the petitioner has argued that at the relevant time since the petitioner was serving as Assistant Teacher in the school which is run by the Municipal Council, the petitioner was entitled to pay scale meant for the Assistant Teacher (High School) as against he was given pay scale of Primary School Teacher.

(2.) Learned AGP appearing for respondents 1 and 2 submits that the Education Officer has not granted approval to the appointment of the petitioner as Assistant Teacher in the High School on the ground that there is no provision in the Rules by which a Primary Teacher Cadre can be permitted to be appointed as Assistant Teacher in the High School.

(3.) Learned Counsel appearing for the Municipal Council submits that the original order by which the petitioner is promoted as Assistant Teacher in High School was subject to the approval of the Education Officer and since the Education Officer has not granted approval to the appointment of the petitioner, he is not entitled to get the said benefits.