BABAJI Vs. THE STATE OF MAHARASHTRA AND ORS.

JUDGEMENT

(1.) BY this Writ Petition, the petitioner seeks to quash and set aside the order dated 30.10.2000, passed by the Respondent No. 4, thereby rejecting the representation of the petitioner. The petitioner further seeks direction to respondents No. 1 to 4 to count his seniority with effect from 13.6.1985 till date and to pay the him salary and allowances due from time to time with all consequential benefits arising therefrom.

(2.) BRIEF facts giving rise to the present writ petition are as follows : -

(3.) THE learned counsel for the petitioner submits that the impugned order is passed in disregard of the Rules of the year 1981 and the guide lines laid down by the School Education Department vide its Government Resolution dated 8.11.1994. The Respondent No. 4 -Education Officer has not gone into the legality and validity of frequent transfers of the petitioner, particularly from aided school to non aided school. This issue was not dealt with in the proper perspective and impugned order is therefore passed without application of mind. The learned counsel further submits that the petitioner is entitled to count whole of his service from 13.6.1985 till date. If the seniority of the petitioner is counted from 1992 as per the impugned order, then the juniors of the petitioner, who are working on the post of Head Master at present, would be deemed to be seniors even though they joined the services much later than the petitioner.