DASARAM GONDUJI ATKARI Vs. ZILLA PARISHAD BHANDARA

JUDGEMENT

(1.) Rule. Rule made returnable forthwith and heard learned counsel for the parties.

(2.) The challenge raised in this Writ Petition is to the order dtd. 29/6/2020 passed by the Chief Executive Officer, Zilla Parishad, Bhandara, thereby refusing to grant necessary monetary and pensionery benefits to the petitioners, which they claim to be entitled to.

(3.) The facts in brief are that each petitioner came to be appointed as a Primary Teacher with the schools run by the Zilla Parishad. When the petitioners were appointed, they were holding the requisite educational training qualifications. As per the Government Resolution dtd. 14/11/1979, it was the policy to upgrade 25% posts of Primary Teachers and grant them graduate pay scale in accordance with their seniority. By a subsequent Government Resolution dtd. 2/9/1989, the pay scales were revised and benefit of the recommendations of the Fourth Pay Commission were made applicable from 1/1/1986. Accordingly, the petitioners were receiving salary in the Pay Scale of Rs.1,400.002,600 and thereafter Rs.1,640.002900 as Senior Grade. On 4/10/2016, the respondent no.1-Chief Executive Officer passed an order in the matter of grant of benefit on completion of 12/24 years of service. As per that order, the period of 12/24 years was taken into consideration from the date the Senior Grade Pay or Selection Grade Pay was made applicable to the petitioners. The petitioners were aggrieved by the said order and hence challenged the same by filing an appeal, being Z.P. Appeal No.45/2016-17, before the Additional Commissioner, Nagpur Division, Nagpur. The Additional Commissioner dismissed the said appeal on 7/9/2017. Being aggrieved, the petitioners approached this Court by filing Writ Petition No.4581 of 2018. By the judgment dtd. 13/8/2019 this Court held that the petitioners were entitled to the benefit of Senior Scale as well as Selection Grade Scale as per the Government Resolution dtd. 20/7/2004. It was further held that, for the purposes of entitlement to higher pay scale or selection grade scale, the educational qualifications, as obtained from the date of the initial appointment, should be treated as relevant. Accordingly, the order passed by the Additional Commissioner confirming the order passed by the respondent no.1-Chief Executive Officer was set aside. Based on this adjudication, the petitioners sought implementation of the same. A legal notice was issued by them on 16/6/2020. The respondent no.1-Chief Executive Officer however on 29/6/2020 did not grant the petitioners the relief in accordance with the aforesaid adjudication, but instead, he sought guidance from the State Government. Being aggrieved by the aforesaid action, the petitioners have challenged the same in the present Writ Petition.