GENESH VYANKATESH SHINDE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Rule. Rule made returnable forthwith. Heard finally by consent of the parties.

(2.) The present Writ Petition, which we are called upon to adjudicate is one of the many, which depicts a muddle up with the Education System, on account of the approach of those who are in the helm of affairs of the Education Department, thereby putting the careers of the teacher as well as the students at stake.

(3.) Before we proceed to adjudicate, we deem it appropriate to delve into certain necessary facts. The Petitioner Ganesh Shinde came to be appointed as Shikshan Sevak in a school run by Krantiveer Chapekar Smarak Samiti (hereinafter referred to as "the Society"), Chinchwadgaon, Pune pursuant to a Resolution passed by the Society after being subjected to a selection procedure. He was issued an order of appointment dated 14th January, 2011 and resumed his post with effect from 18th January, 2015 in Khivsara Patil Vidyamandir, Ganesh Nagar, Talegaon, Pune - a primary school run by the Society. The Petitioner belongs to Scheduled Tribe category and, at the time of his appointment, he did not possess the necessary qualification for being appointed as a Primary Teacher and, therefore, his appointment order contained a stipulation that he should acquire the same i.e. Diploma in Education (D.Ed.) within a period of three years. Accordingly, the Petitioner acquired the necessary qualification within the stipulated time and continued to work as Shikshan Sevak for the Academic Years 2011-12, 2012-13 and 2013-14. A Resolution was passed by the Society to absorb the Petitioner as a permanent employee on the post of Primary Teacher subject to the stipulation of the post being vacant and then we have before us the chronology of dates transpiring exchange of communication between the Society and the Education Authorities at the helm of the affairs relating to primary education viz. the Deputy Director of Education, Pune; the Commissioner; Office of the Education, Pune and the Administrative Officer of Pimpri Chinchwad Mahanagar Palika, Pimpri, Pune. At the end, by Order dated 20th January, 2015, Respondent No.4 granted approval to the appointment of the Petitioner with effect from 01st January, 2014 on the post of the Assistant Teacher (no grant basis) in the Pay Scale of 5200-20200 with Grade Pay 2800.