RAJENDRAPRASAD S/O VIDYAPRASAD Vs. SECRETARY

JUDGEMENT

(1.) Heard. Admit. Appeal is taken up forthwith and heard finally by consent of learned Counsel for the appellant, learned Assistant Government Pleader for Respondent No.3 and Shri Sandeep Deshmukh, learned Counsel appearing for Respondent No.4. In spite of service of notice to Respondents No.1 & 2, they remained absent.

(2.) The appellant is taking exception to the judgment and order passed by the learned Single Judge in Writ Petition No.8682 of 2011, decided on 07.08.2012, confirming the order dated 13.10.2011, passed by the School Tribunal in Appeal No.38 of 2010.

(3.) The appellant herein claims that he was appointed as an Assistant Teacher with effect from 15.06.1985. He acquired training qualification i.e. B.Ed. on 21.05.1986. The appellant contends that Respondent No.4 came to be appointed as an Assistant Teacher on 15.06.1987 and at the time of his appointment, he was holding training qualification. In the seniority list published for the period between 1986 to 2008, appellant has been shown as senior to Respondent No.4. It is further contended that there was change effected in respect of date of appointment of Respondent No.4 as 16.06.1986. However, appellant was shown as senior to Respondent No.4. Respondent No.1Institution published seniority list of the teachers for the year 20092010 wherein Respondent No.4 is shown as senior to the appellant. The Management issued an order of promotion of Respondent No.4 appointing him as Head Master. The proposal for approval to the promotion of Respondent No.4 as Head Master was approved by the Education Officer. The appellant challenged his supersession and promotion of Respondent No.4 as Head Master by presenting an appeal to the School Tribunal. However, the appeal presented by appellant came to be dismissed on 13.10.2011.