MANOHARRAO NAIK VIDYALAYA PARDI Vs. SANTOSH GANPATRAO SONONE

JUDGEMENT

(1.) Hearing was conducted through Video Conferencing and the learned Counsel agreed that the audio and visual quality was proper.

(2.) The petitioner-Management has challenged judgment and order passed by the School Tribunal, whereby an appeal filed by the respondent no.1 under the provisions of the Maharashtra Employees of Private Schools (Conditions of Service) Act, 1977, was allowed and consequential reliefs were granted to respondent no.1.

(3.) The respondent no.1 filed appeal before the School Tribunal raising grievance about promotion order to the post of Headmaster issued in favour of respondent no.2. It was claimed by respondent no.1 that since both he and the respondent no.2 were appointed on the same day and the respondent no.1 was elder in age, he had a higher claim on the post of the Headmaster. As regards, the superior claim of another employee i.e. Manda Sukhadeorao Bhagat, it was claimed by respondent no.1 that the said person had relinquished her claim to the post of Headmaster in terms of Rule 3(3) of the Maharashtra Employees of Private Schools (Conditions of Service) Rules, 1981. On this basis, it was contended on behalf of the respondent no.1 before the Tribunal that the promotion order issued in favour of respondent no.2 deserved to be set aside and that a direction was required to be given to promote respondent no.1 to the post of Headmaster w.e.f. 01/09/2018.