CHITRA NITIN PENDHARKAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Rule. Rule made returnable forthwith. The Respondent-State has filed its Affidavit in Reply. Heard finally with consent of the parties.

(2.) The issue involved in both the Petitions and the reliefs sought in the Petitions are identical. Hence, these two Petitions are disposed of by this common judgment and order.

(3.) Simply put, the grievance of the Petitioners is that they have been working as 'Assistant Teachers' in the hearing and speech impaired units of their respective schools in pursuance of an Integrated Handicapped Education Scheme implemented by the Central Government in the State of Maharashtra. The special teachers employed on such units were paid salary from the 100% grant received from the Central Government. The scheme was discontinued from February 2009 and the special teachers were absorbed by the State Government to work as special teachers in Government Schools in the State. However, the Government Resolution ("GR") of 15/9/2010, which declared the decision to absorb the special teachers, specified the pay-scales of the teachers depending upon their qualifications. The Petitioners initially challenged the GR of 15/9/2010 to the extent that the GR limited their salary to the basic pay-scale of a primary teacher without any benefit of the previous pay-scale. During the proceedings, the Petitioners by way of an additional Affidavit sought modification of the prayers and sought substituted relief as follows: