The initial date of appointment of the petitioners was found to be relevant in determining their entitlement to pay scales based on their improved educational qualifications. The Zilla Parishad was not entitled to re-open the issue after the judgment in the earlier Writ Petition attained finality.

JUDGMENT

A. S. Chandurkar, J. - Rule. Rule made returnable forthwith and heard learned counsel for the parties.

2. The challenge raised in this Writ Petition is to the order dated 29th June 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 dated 14th November 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 dated 2nd September 1989, the pay scales were revised and benefit of the recommendations of the Fourth Pay Commission were made applicable from 1st January 1986. Accordingly, the petitioners were receiving salary in the Pay Scale of Rs.1,400-2,600 and thereafter Rs.1,640-2900 as Senior Grade. On 4th October 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 7th September 2017. Being aggrieved, the petitioners approached this Court by filing Writ Petition No.4581 of 2018. By the judgment dated 13th August 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 dated 20th July 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 16th June 2020. The respondent no.1-Chief Executive Officer however on 29th June 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.

4. The learned counsel for the petitioners submitted that pursuant to the adjudication of the petitioners' claim, that was decided in Writ Petition No.4581 of 2018, it was clear that the petitioners were found entitled to the benefit of Senior Scale as well as Selection Grade Scale in terms of the Government Resolution dated 20th July 2004. While doing so, the initial date of appointment of each petitioner was found to be relevant. Undisputedly, after the petitioners improved the educational qualifications, they had the status of Trained Graduate Primary Teachers. The petitioners received salary in the pay-scale of Rs.1,400-2,600 as initial pay and Rs.1,640-2,900 as Senior Grade Pay Scale. Despite the earlier judgment of this Court in the writ petition preferred by the petitioners, the impugned communication dated 29th June 2020 was issued by the Zilla Parishad, thereby granting them pay scales of teachers with S.S.C. qualification. The fact that the petitioners were Trained Graduate Primary Teachers was never disputed by the Zilla Parishad. Despite that, while undertaking the pay fixation pursuant to the j