VASANT BABANRAO PALKANDWAR Vs. VISHUDDHA VIDYALAYA

JUDGEMENT

(1.) By this writ petition, the petitioner questions the judgment of School Tribunal dated 27.08.2008 by which appeal filed by him vide Appeal No. 29 of 2008 came to be dismissed and Appeal No. 46 of 2008 filed by Respondent No. 3 came to be allowed. The dispute pertains to determination of seniority inter se between the petitioner and Respondent No.3.

(2.) The petitioner was initially appointed as a Assistant Teacher on 01.09.1982 and at that time his qualifications were S.S.C. D.Ed. (2 years course). He improved his qualification and obtained Graduation B.A. on 14.01.1985. He improved his training qualification and obtained B.Ed. Degree in 1987. As against this, Respondent No. 3 joined same school on 10.10.1985 and at that time he was B.Sc., M.Sc. & B.Ed.

(3.) The petitioner was working as Assistant Head Master and by order dated 08.05.2008, he was sought to be reverted as a Assistant Teacher. He challenged that reversion in Appeal No. 29 of 2008. Respondent No. 3 filed Appeal No. 46 of 2008 questioning the promotion given to the petitioner on 17.03.2008 as Assistant Head Master. School Tribunal in impugned judgment has found that Respondent No. 3 who was Graduate with B.Ed. qualification at the time of his recruitment on 10.10.1985 senior to the petitioner who obtained B.Ed. in 1987. If qualification of B.Ed. is ignored, then in order to come in category 'C' of Schedule ' F of Maharashtra Employees of Private Schools (Conditions of Service) Rules, 1981, the petitioner has to put in 10 years of service after 01.09.1982. Thus after such 10 years post D.Ed. service he enters the zone of consideration for promotion.