NARAYAN KORGA PUJARI Vs. GANDHI EDUCATION SOCIETY

JUDGEMENT

(1.) Heard the learned advocates for the petitioner and the respondent No. 1 as well as the learned AGP for the respondent nos. 2 and 5. None present for the respondent Nos. 3 and 4, though served.

(2.) By the present petition, the petitioner challenges the seniority of the petitioner fixed by the respondent No. 1 and approved by the respondent No. 2 whereby the petitioner has been shown junior to the respondent Nos. 3 and 4. According to the petitioner, the petitioner has to be enlisted as senior to the respondent Nos. 3 and 4, more particularly, in view of the provisions comprised under Note-3 to clause (2) of Schedule F of the Maharashtra Employees of private Schools Rules, 1981, hereinafter called as "the said Rules".

(3.) It is the case of the petitioner that though initially the petitioner was employed as untrained teacher in the institution of the respondent No. 1, after appointment of the respondent Nos. 3 and 4, yet the petitioner and the said two respondents obtained the training qualification in education, i. e. B. Ed, on the same day i. e. 10th June, 1975. All the three teachers having entered the category "c" under the Schedule F of the said Rules, in terms of the Note-3 thereof, their seniority has to be decided on the basis of their age. The petitioner, being eldest amongst the three, ought to have been shown as senior most followed by the respondent No. 4 and thereafter by the respondent No. 3. However, the respondent No. 1 has shown the respondent No. 3 to be the senior most followed by the respondent No. 4 and thereafter the petitioner being junior most and the said seniority has been approved by the respondent No. 2. The said seniority was fixed and circulated in the year 1997. Immediately thereafter, the petitioner objected to the same. However, the request of the petitioner was not accepted by the respondents, and hence the present petition.