DINESH Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Rule. Rule made returnable forthwith. Heard finally with consent of the parties.

(2.) The petitioner has challenged the communication dtd. 28/05/2019 passed by respondent No.3 - Zilla Parishad, Gondia, by which the seniority benefit and the scale of senior gradation is denied to the present petitioner by considering his appointment as on 24/06/1991.

(3.) The petitioner claims that he was appointed by respondent No.5 on the post of Assistant Teacher by appointment order dtd. 24/06/1991. He was possessing qualification and therefore, he was appointed as Assistant Teacher for the period of one year i.e. from 24/06/1991 to 08/05/1992. Respondent No.5 issued an advertisement for filling up two posts of Assistant Teacher on 16/07/1993 from the Open Category. Since the petitioner was in service since 1991, he applied for the post of Assistant Teacher, in pursuance of the advertisement dtd. 19/07/1993. Respondent No.5 appointed the petitioner vide appointment letter dtd. 21/06/1993. Initially, he was appointed on 'Probation' for a period of 21/06/1993 to 30/04/1994. Though the petitioner was in service since 1991, respondent No.5 sent a proposal to respondent No.4 for granting approval. On 26/06/1993, the respondent No.4 granted approval w.e.f. 26/06/1993. The petitioner had made several representations to the respondent Nos. 3 and 4 requests for granting approval to his services on the post of Assistant Teacher w.e.f. 24/06/1991.