V S JOSHI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THE petitioner is aggrieved by the communication dated 14 2 1990 issued by the Education Officer (Secondary), Zilla Parishad, Dhule informing that Mrs. Anuradha Shrikrishna Dautkhane, Assistant Teacher was required to be appointed as Head Mistress of the Girls' High School in the pay scale of Rs.750 1150 w.e.f. 14 11 1983 and her appointment was approved in the said post accordingly.

(2.) THE petitioner came to be appointed as Assistant Teacher w.e.f. 12th June, 1961 and he had completed his B.Ed. degree examination prior to his appointment. In the year, 1974, he came to be promoted to the post of Supervisor and thereafter, in the year, 1978, he was promoted to the post of Assistant Head Master. Subsequently, the respondent no.4 management which was running the High School, decided to bifurcate it into two different schools, one for the boys and the other one for the girls. Accordingly, in 1978, the school was bifurcated in two different schools by name Dr. Kane's Girls' High School and Smt. Durgabai Raghuvanshi Boys' High School.

(3.) SMT . Modak, Head Mistress of the Girls' High School retired in the year, 1983 and the management, on bifurcation of the school, passed a resolution to maintain separate seniority lists for the two schools. It appears that the petitioner was senior most teacher in the seniority list and, therefore, on retirement of Smt. Modak, he was appointed as Head Master. The Education Officer granted approval only as an Incharge Head Master and the proposals submitted by the management from time to time for appointment of the petitioner as Head Master were not replied to and they remained pending. The petitioner retired on 30th June, 1989 but, without becoming a regular Head Master. On 19th March, 1990, the impugned communication was received and, therefore, the petitioner approached us.