TANAJI MADHUKAR BARBADE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Two questions which have been referred to us for decisions are, (i) Whether the Government Resolution dated 15th April, 1991 is valid in view of the provisions in the MEPS Act and Rules framed thereunder & (ii) Whether Schedule 'F' to the Rules issued under the Act provides for promotion or it provides merely a preference to be given in appointment

(2.) These questions arise in following factual background, The Respondent No.4-Shri Shivaji Shikshan Prasarak Mandal has established a junior college at Barshi. It is an admitted position before us that the said junior college is a private school within the meaning of the Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977 (hereinafter referred to as the "Act"). The Petitioner was appointed as a peon in the Respondent No.5-Junior College with effect from 29th April, 1994. The post of Junior clerk in the said college became vacant in August, 2003. By order dated 31st March, 2008 the Respondent No.4 promoted the Petitioner to the post of junior clerk with effect from 1-4-2008. The Petitioner joined the post on 1-4-2008. The Respondents Nos.4 & 5 submitted proposal to the Respondent No.2 for approval of the promotion of the Petitioner to the post of junior clerk on 5-4-2008. By letter dated 6th June, 2008 the Deputy Director, Education informed the Respondent No.5 that the post of junior clerk is to be filled in by direct recruitment and not by promotion as per the law, and therefore, approval to the order by which the Petitioner has been promoted to the post of junior clerk cannot be granted. It may be pointed out here that necessity for the Respondents Nos. 4 & 5 to seek approval of the Respondent No.2 to the promotion of the Petitioner to the post of junior clerk arises because the Respondent No.5-college receives grant-in-aid from the State Government.

(3.) Feeling aggrieved by the order of the Deputy Director declining to approve the promotion of the Petitioner to the post of junior clerk, the Petitioner filed Writ Petition No.1688 of 2010. That Writ Petition came before the Division Bench of this Court for admission on 11th March, 2010.