Kashinath Kisanrao Tikode & Anr. vs The State Of Maharashtra & Ors.

(Per M.W.Chandwani, J.)

RULE. Rule made returnable forthwith. By consent of the learned counsels appearing for the parties, the matters are taken up for final disposal.

The issue involved in these petitions is squarely covered by the decision of the Supreme Court and various decisions of this Court holding that the Teachers possessing B.P.Ed. qualification, working in a primary school are entitled to the pay-scale of Trained Teachers.

The petitioners in W.P. No. 6026/18 have been appointed as ‘Assistant Teacher’ with Late Sushilabai Deshmukh Aided Tribal Ashram School, Kalakamtha and the petitioner in W.P. No. 6056/18 has been appointed as ‘Assistant Teacher’ in Matoshri Shevantabai Aided Tribal Ashram School, Vilegoan, Tq. Manora, Dist. Washim, controlled by respondent nos.2 and 3. As per Government Resolution dated 23.07.2018, Assistant Teachers having B.P.Ed. Qualification, working with the tribal ashram schools controlled by the Tribal Development Department, are treated as Trained Teachers.

The only contention which has been raised by the learned AGP appearing for respondent nos. 1 to 4 is that the petitioners be treated as Trained Teachers from the date of issuance of the Government Resolution dated 23.07.2018.

We have perused the G.R. dated 23.07.2018, more particularly Clause-B, which reads as under :

Perusal of Clause-B of the G.R. makes it clear that the Assistant Teachers who possess B.P.Ed. qualification at the time of their appointment shall be treated as Trained Teachers from the date of their appointment.

There is no dispute that petitioner nos.1 and 2 in W.P. No.6026/18 were appointed as Assistant Teacher on 01.05.1995 and 01.07.1994, respectively and the petitioner in W.P. No. 6056/18 was appointed on 01.07.1993. The qualification of the petitioners on the date of their appointment has also not been disputed. Thus, it is crystal clear that on the date of appointment of the petitioners, they were possessing B.P.Ed. Degree.

Therefore, in wake of Government Resolution dated 23.07.2018 and the decision of this Court in the case of Madan S/o Sawairam Ade .vs. State of Maharashtra and others (Writ Petition No. 3065/2020) (Bench at Aurangabad), decided on 12.08.2025, we are of the opinion that the petitioners are entitled for the pay-scale of a Trained Teacher from the date of their appointment.

Accordingly, the writ petitions are allowed in terms of prayer clause (B) -

Respondent no.3 – The Additional Commissioner, Tribal Development Department, Amravati shall pass necessary orders in this regard within six months from today and pay the arrears to the petitioners.

Rule is made absolute in the aforesaid terms. The writ petitions stand disposed of. No order as to costs.