(1.) The Petitioners herein were working as Education Officers Group- A, and have been appointed on different dates, who are aspiring for the post of Deputy Director of Education on the basis of their seniority in the feeder cadre of Education Officers. They are challenging the order passed by the Maharashtra Administrative Tribunal, Mumbai Bench, in Original Application No. 649 of 2023, which has been rejected by the Tribunal by its judgment and order dtd. 20/10/2023.
(2.) The case of the Petitioners before the Tribunal was that the Petitioners who belong to the cadre of regular Education Officers working in the School Education and Sports Department were aspiring for the further promotion to the post of Deputy Director, of Education, in the near future. According to them, they fulfill the eligibility criteria required for the post of Deputy Director of Education as provided in Rule 3, of the Recruitment Rules of Deputy Director of Education in the Maharashtra Education Service, Group- A (Administrative Branch), Recruitment Rules, 2018. The cadre of Education Officers, Group - A (Administrative Branch) has been amalgamated with the cadre of Administrative Officers, Group - A vide a Government Resolution dtd. 20/11/2019. The said decision for amalgamation of the post of Education Officer, Group - A and Administrative Officer Group - A was taken because both the posts carried the same pay scale and similar duties. Therefore, a policy decision was taken by the Government in the School Education Department to amalgamate both the posts. As a result, the Recruitment Rules were also framed by the Education Department.
(3.) The notification framing the Recruitment Rules was issued on 28/12/2022. The said Recruitment Rules have been framed in exercise of power conferred by the proviso to Article 309 of the Constitution of India in supersession of all existing rules, orders or instruments issued previously. The private Respondent Nos. 2 and 3 are the officers belonging to the erstwhile Administrative Officer Cadre. The Petitioners herein challenge Rule 8 of the Recruitment Rules of Education Officer in the Maharashtra Education Service, Group - A, (Administrative Branch) dtd. 28/12/2022 (hereinafter referred to as Recruitment Rules, 2022). The said Rule reads as under: