NARSING NAGORAO HIPPARGEKAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) WRIT Petition No. 976 of 1985 was decided by us on 21st October, 1999. The petitioner was Shri Rajaram narharrao Gajbhare, who had raised the grievance regarding his promotion to the post of Head Master in a secondary school run by Shri Sant gadge Baba Shikshan prasarak Mandal, Degloor which was impleaded as Respondent No. 3 and his inter-se seniority in the post of Assistant head Master. The present petitioners were impleded as Respondent Nos. 4, 5 and 6 respectively, in the said Petition. While allowing the said petition, we had directed the Respondent No. 1 education officer (Secondary), Zilla Parishad, Nanded to redraw the seniority list of Assistant Teachers working under the Respondent No. 3. as on 8th July, 1982 in different secondary schools run by it and decide the Petitioner's claim for promotion, in any of those schools, within a period of three months. Pursuant to the said directions, the Education Officer (Secondary), Zilla Parishad, nanded heard the respective parties on 8th December, 1999 and 1st January, 2000 at Degloor and passed the order dated 20th January, 2000 at redrawing the seniority list of Assistant Teachers under Respondent No. 3 and held that the original Petitioner i. e. Rajaram Narharrao Gajbhare, was senior to these three Petitioners and, therefore, entitled for promotion to the post of Head Master with effect from 22nd May, 1974. As he had attained the age of superannuation on 31st August, 1999, the Education Officer directed the management to pay the difference in salary for the period from 22nd May, 1974 to 31st August, 1999. In addition, he directed the recovery from the present petitioners i. e. the difference in the salary payable to the post of Head Master and Assistant Teachers. Hence, these fresh petitions.

(2.) WE are required to consider two issues viz. (i) the seniority for the post of Assistant Teacher as on 8th July, 1982 and (ii) recovery of difference of pay to the post of Head Master and Assistant Teacher from the present Petitioners, who are all similarly placed.

(3.) COMING to the issue of seniority, we have noted that under Rule 12 of the Maharashtra Employees of Private Schools Rules, 1981 [the Rules, for short] the Education officer is required to abjudicate upon the said claim by taking into consideration the qualifications, date of joining and age etc. of the trained Assistant Teachers. The seniority of Gajbhare, who is shown tobe above the present petitioners, is not seriously disputed. He passed his B. SC. examination in 1965 and was appointed as an Assistant Teacher under Respondent No. 3 on 21st June, 1966. He belongs to the scheduled caste category and obtained his B. Ed. degree on 22nd May, 1972. His date of birth is 10th August, 1941. Petitioner in Writ petition no. 1042 of 2000 completed his B. A. in 1970 and joined in the post of assistant Teacher on 1st April, 1972. He is born on 15th December, 1945, and he obtained his B. Ed. degree on 22nd May, 1972, Shri Gajbhare is senior to Shri Narsing S/o Nagorao Hippargekar in all respect i. e. age as well as date of joining and acquiring the graduate degree and as both of them have obtained the B. Ed. qualifications at the same time Shri Gajbhare was rightly shown as senior to him. The second Petitioner i. e. Shri A. M. Udgire, passed his B. A. in 1972 and was, in fact, appointed as Assistant teacher on 16th June, 1967. He has obtained his B. Ed. qualifications on 10th September, 1974. He has been rightly shown at serial No. 9 in the fresh seniority list. Similarly, the third Petitioner Shri V. G. Jadhav passed his B. A. in the year 1969 and obtained his B. Ed, degree on 10th September, 1974. He was appointed in the post of Assistant Teacher immediately on passing of his B. A. degree and had continuously worked as Assistant teacher till he obtained his B. Ed. degree and joined under Respondent no. 3 on 1st June, 1976. His date of appointment has been rightly shown as 1st June, 1976. There is nothing on record to show that he had worked as an Assistant Teacher from 1969 to 31st May, 1976 without any break somewhere else.