Kamlakar And Others vs State Of Maharashtra And Others

S. V. Gangapurwala, J

Rule. Rule made returnable forthwith. With the consent of parties, taken up for final hearing at admission stage.

The petitioners are employees of Ashram schools. The contention of the petitioners is that the petitioners are working for more than ten years on adhoc basis. The petitioners seek regularization .

We have also heard the learned A.G.P. for respondent Nos. 1 to 6.

The issue is no longer res-integra in view of the judgment of the Division Bench of this Court in a case of Madhukar s/o Bhavanrao Sadgir and others Vs. State of Maharashtra and others reported in 2019 (2) Mh.L.J. 119.

The said judgment was assailed before the Apex Court. The Apex Court upheld the judgment of this Court. It is further directed by the Apex Court that the Assistant Teachers with primary section shall acquire the qualification of TET within a period of five (05) years.

In the light of the above, we follow the same course as adopted in a case of Madhukar s/o Bhavanrao Sadgir (supra).

For the reasons recorded in the judgment in a case of Madhukar s/o Bhavanrao Sadgir (supra), we follow the same course and pass the following order.

ORDER

(i) The respondents shall regularize the services of the petitioners who have completed ten years of service with effect from the date they have completed ten years or the date of filing of writ petition whichever is later.

(ii) Those petitioners who are terminated after completion of ten years of service during the pendency of the writ petition shall be reinstated and shall be granted regularization from the date they have filed the petition or after completion of ten years of service whichever is later.

(iii) For all practical purposes the services of the petitioners shall be considered regular from the date as observed above. However, we may not grant them actual financial benefit for the period prior to the present order. They will be entitled for the regular pay scale from 1-11-2018.

(iv) The respondents shall count the services of the petitioners from their date of appointment continuously for counting ten years of their service.

(v) The primary teachers governed by the Right of Children to Free and Compulsory Education Act shall acquire the TET qualification within a period of five (05) years.

Rule is accordingly made absolute in above terms. No costs.