KASHINATH YASHWANTRAO SONAWANE Vs. THE STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard learned counsel appearing for the petitioners, learned A.G.P. appearing for the Respondent/State and learned counsel appearing for Respondent Nos.5 and 6.

(2.) By this Petition filed under Article 226 of the Constitution of India, the petitioners have sought directions to hold and declare that, the petitioners are entitled for the benefits of the higher pay scale prescribed for the Trained Graduate Teachers and further be pleased to direct the respondents to continue to give the benefits of higher pay scale prescribed for Trained Graduate Teachers to the petitioners. So also it is prayed to quash and set aside the impugned order dated 29th June, 2016 issued by the Respondent Chief Executive Officer, Zilla Parishad, Jalna thereby directing recovery from the salary of the petitioners and cancelling the higher pay scale prescribed for the Trained Graduate Teachers granted to the petitioners.

(3.) Learned counsel appearing for the petitioners submits that, the Chief Executive Officer, Zilla Parishad, Jalna has issued the impugned order, thereby reverting the petitioners from the post of Trained Graduate Teachers to Assistant Teachers, however without giving an opportunity of hearing and in contravention to the principles of natural justice. The Chief Executive Officer has passed the impugned order, which is contrary to the government policy as well as the law laid down by the Hon'ble Apex Court. The impugned order passed by the Chief Executive Officer, Zilla Parishad, Jalna is without there being any valid reason and without application of mind, and therefore, they are required to be quashed and set aside in the interest of justice.