SANJAY Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Rule. Rule made returnable forthwith and heard finally by consent of learned Counsel for respective parties.

(2.) The petitioner, who is serving as a teacher with Respondent No. 6 school run by Respondent No. 5 Institution, is seeking writ of certiorari for quashing and setting aside order dated 09.04.2012, passed by Respondent No. 4 Education Officer (Secondary), Zilla Parishad, Jalgaon. The petitioner is also seeking a direction to declare that the petitioner is senior to Respondent No. 7 and for a further direction to Respondents No. 1 to 6 to correct the seniority list showing placement of the petitioner at appropriate serial number.

(3.) The petitioner came to be appointed as an Assistant teacher in the school run by Respondent No. 5 Institution on 03.07.1997. His educational qualification on the date of appointment is B. A. , B. Ed. . Whereas, Respondent No. 7 has been appointed as Assistant teacher on 01.12.1997 and his educational qualification on the date of appointment is B. A. , B. P. Ed. (Physical Education). The petitioner is trained Graduate teacher on the date of appointment and he has been awarded D. Ed. pay scale at the time of appointment. Whereas, it is contended that, appointment of Respondent No. 7, at the inception, was as a graduate teacher. However, there appears to be some dispute as to whether initial appointment of Respondent No. 7 was also in the D. Ed. pay scale. The petitioner has presented Civil Application No. 7500/2012 and along with the application, copy of appointment order of Respondent No. 7 is placed on record, which shows that Respondent No. 7 has been appointed on 23.11.1997 as an Assistant teacher in D. Ed. pay scale i. e. Rs. 1200 2040.