Bombay High Court
EKNATH TRIMBAK DABHADEversusTHE STATE OF MAHARASHTRA AND OTHERS
- Disposal
- DISPOSED OFF
Holding
The petitioner, being SSC‑qualified and appointed before 1972, is to be treated as a deemed trained teacher under the 1983 Government Resolution and is entitled to the corresponding pensionary benefits.
Summary
The petitioner, Eknath Trimbak Dabhade, filed a writ petition seeking recognition as a "deemed trained teacher" under a Government Resolution dated 4 October 1983, asserting that he holds an S.S.C. qualification and was appointed before 1972. The Court examined the earlier decision in Motiram Tulshiram Mahor v. State of Maharashtra (14421 of 2019), which set the criteria for deeming a teacher trained. Relying on that precedent, the Court held that the petitioner meets the conditions and should be treated as a deemed trained teacher. Consequently, the Court ordered the respondents to calculate his pay scale notionally up to his retirement and to pay the corresponding retiral and pension benefits. The order directed the respondents to implement the payment within six months of receiving the copy of the order.
Issues considered
- Whether the petitioner qualifies as a deemed trained teacher under the Government Resolution dated 4 October 1983, given his S.S.C. qualification and pre‑1972 appointment.
- Whether the petitioner is entitled to pensionary and retiral benefits calculated on the basis of deemed trained teacher status.
Subjects
- deemed trained teacher
- pension
- retirement benefits
- government resolution
- SSC qualification
- writ petition
- public service
Judgment
2026:BHC-AUG:43349-DB
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drp
IN THE HIGH COURT OF JUDICATURE OF BOMBAY
BENCH AT AURANGABAD
WRIT PETITION NO.8786 OF 2025
Eknath Trimbak Dabhade PETITIONER
VERSUS
The State of Maharashtra and Others RESPONDENTS
.......
Mr. Vitthal G. Salgare, Advocate for the Petitioner
Mr. B. B. Bhise, AGP for Respondent - State
Mr. S. R. Dheple, Advocate for Respondents No.3 and 4
....…
[CORAM : NITIN B. SURYAWANSHI, &
ABASAHEB D. SHINDE, J. J.]
DATE : 23rd SEPTEMBER, 2026
ORDER :
1. Indisputably, the issue raised in this Writ Petition is
squarely covered by the decision of this Court in 14421 of 2019
(Motiram Tulshiram Mahor V/s The State of Maharashtra and
Others). In the said order, this Court has observed as follows:
“4. The Petitioner certainly, in view of the Government
Resolution dated 4th October, 1983, would be a deemed trained
teacher, if he is possessing S. S. C. qualification and was appointed
prior to 1972. However, considering the fact that the petitioner has
approached this Court too late, we are not inclined to grant him the
actual benefit for the past period. The said pay scale of trained
teacher shall be notionally calculated in case of the petitioner. The
Petitioner’s pensionary benefits shall be calculated considering the
{2} wp8786-25.doc
petitioner as deemed trained teacher.”
2. For the reasons recorded in the said order, the Writ Petition
is allowed. The respondents, after verifying that the Petitioner is
SSC passed and was appointed prior to 1972, shall consider him
as deemed trained teacher and the pay scale shall be notionally
calculated till the date of his retirement. The Respondents shall
pay the retiral benefits to the petitioner, as is applicable to the
deemed trained teachers and the pension amount shall be
calculated considering the petitioner as a deemed trained
teacher and the said pensionary benefits be accorded to the
petitioner, within a period of six months from the date of receipt
of copy of this order.
[ ABASAHEB D. SHINDE ] [ NITIN B. SURYAWANSHI ]
JUDGE JUDGE
drp/wp8786-25.doc
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