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Bombay High Court

RUKMINBAI TATYARAO BANSODEversusTHE STATE OF MAHARASHTRA THROUGH ITS SECRETARY AND OTHERS

Disposal
DISPOSED OFF

Holding

Teachers appointed before 1972 with SSC qualifications are to be deemed trained teachers for the calculation of pay scale and pension benefits.

Summary

The petitioners, a group of teachers appointed before 1972 and holding SSC qualifications, filed writ petitions challenging the State of Maharashtra's refusal to treat them as "trained teachers" for the purpose of calculating their pay scale and pension benefits. The High Court noted that the matter had been previously addressed in a series of orders, the latest being the order dated 29 September 2022 in Writ Petition No. 9960 of 2022. Relying on those precedents, the Court held that the petitioners are entitled to be deemed trained teachers under the applicable service rules. Consequently, the Court directed that their pay scales be notionally calculated as if they were trained teachers and that their pension benefits be recalculated accordingly. The State was ordered to verify the petitioners' SSC status and pre‑1972 appointments and to implement the revised calculations within six months. The petitions were therefore allowed.

Issues considered

  • Whether teachers appointed prior to 1972 and possessing SSC qualifications should be treated as "trained teachers" for the purpose of pay‑scale and pension calculations under the service rules of Maharashtra.
  • Whether the State is obligated to recompute and disburse pension benefits to such teachers based on the deemed trained‑teacher status.

Subjects

  • pension
  • pay scale
  • trained teacher
  • service rules
  • Maharashtra
  • writ petition
  • teacher benefits

Judgment

2026:BHC-AUG:40930-DB


                                                      *1*                       2-wp-8380-2026


                           IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                       BENCH AT AURANGABAD

                                  2 WRIT PETITION NO. 8380 OF 2026

                                  Rukminbai Tatyarao Bansode
                                           VERSUS
                  The State Of Maharashtra Through Its Secretary And Others
                                               ...
                Mr. Chinmay V. Kini a/w. Mr. Vikas Jadhav h/f. Mr. S. A.
                Nagarsoge, Advocate for the Petitioner
                Mr. S. K. Tambe, AGP for Respondents
                Mr. P. D. Suryawanshi, Advocate for Respondent Nos.3 and 4
                                               ...
                            WRIT PETITION NO. 971 OF 2025 (NOB)

                               Kachru Dagdu Landge and Another
                                           VERSUS
                  The State Of Maharashtra Through Its Secretary And Others
                                               …
                Mr. Vikas D. Jadhav, Advocate for the petitioner
                Mr. S. K. Tambe, AGP for Respondents
                Mr. P. D. Suryawanshi, Advocate for Respondent Nos.3 and 4
                                               ...
                                        CORAM : NITIN B. SURYAWANSHI &
                                                ABASAHEB D. SHINDE, JJ.
                                        DATE : 3rd SEPTEMBER 2026
                P. C. :-

                1.         The issue raised in these Petitions is squarely covered by the

                orders passed by the Co-ordinate Benches of this Court from time to

                time. The last being order dated 29th September, 2022 in Writ Petition

                No. 9960 of 2022.


                2.         For the reasons stated in the said order, the Writ Petitions are

                allowed in the following terms :


                Narwade
                                 *2*                            2-wp-8380-2026




      I.    The pay scale of trained teacher shall be notionally

            calculated in the cases of the Petitioners. The

            Petitioners’   pensionary   benefits   shall   be      re-

            calculated considering the petitioners as deemed

            trained teacher.


      II.   The Respondents shall, after verifying that the

            Petitioners are SSC and appointed prior to 1972,

            treat the Petitioners as deemed trained teachers and

            the pay scale shall be notionally calculated till the

            date of their retirement. The pension amount of the

            Petitioners shall be recalculated as deemed trained

            teachers and the said pensionary benefits be

            accorded to them within a period of six months.




(ABASAHEB D. SHINDE, J.)            (NITIN B. SURYAWANSHI, J.)




Narwade


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