PRAKASH PARSHURAM PATIL Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) ALL these petitions are being disposed of by a common order as the facts are more or less similar and the issue of law is common. The facts as stated in Writ Petition No. 86 of 2004 are being set out for disposal of the issues in this group of petitions. The Regional State Service Selection Board, Konkan Division had issued advertisement in the newspaper Navakal dated 1. 10. 1992 for filling in the post of Assistant Deputy Education Inspector, thereinafter referred to as ADEI. The Petitioner appeared for the selection before the Selection Board and was consequently selected. Based on the said selection, Respondent No. 2 issued a letter of appointment to the Petitioner which is dated 10. 1. 1994. The advertisement apart from the post of ADEI had also invited applications for various other posts. The pay scale for the post of ADEI was Rs. 1640-2900. The essential qualifications and experience were graduates as also B. Ed. and 3 years teaching experience in secondary school after B. Ed. The other posts which were advertised were of Assistant Teachers, Physical Education Teacher and Science Supervisor. These posts required graduation and B. Ed. qualification. There was no requirement of any experience and they were in the pay scale of Rs. 1400-2600. Pursuant to order of appointment dated 10. 1. 1994, the Petitioner joined as ADEI on 18. 1. 1994. On the implementation of the 5th Pay Recommendations, the post of ADEI was placed in the pay scale of Rs. 5000-8000 by Government decision dated 3. 6. 2000 which came to be subsequently revised to Rs. 6000-10,000.

(2.) IT is the case of the Petitioner that in the first week of October, 2000, he learnt that respondent No. 2 on 9. 8. 2001 had published a provisional seniority list of the employees working in the M. E. S. Class III in Brihanmumbai division as on 31. 12. 2000 and had invited objections from the aggrieved employees. As the said notification was not brought to the attention of the Petitioner, Petitioner did not file any objection. Some of the colleagues of the Petitioner, however, had lodged objection on 22. 10. 01 on receipt of the seniority list. The seniority list includes the post of Assistant Project Officer/assistant Teacher as also Supervisors and A. P. O. The Petitioner thereafter was transferred to the post of the Assistant Project Officer/assistant Teacher and those who were working as Assistant Teacher/assistant Project Officer were transferred to the post of ADEI Aggrieved by the seniority list, and the order of the transfer, the Petitioner filed O. A. No. 43 of 2002 before the Maharashtra Administrative Tribunal. The Petitioner challenged the transfer to the post of Assistant Project Officer. The Petitioner prayed that he be continued in the post of ADEI and be granted all the consequential benefits. The State Government had earlier on 30. 6. 2001 implemented the higher pay scale of Rs. 6000-10,000 for the post of Assistant Deputy Education Inspector and Extension Officer (Education) and for the other posts the pay scale sanctioned was Rs. 5000-8000. The order also notes that as per Government Decision dated 17. 9. 1971 the post of Assistant Deputy Education Inspector and Extension Officer (Education) and other posts are included in the category of Maharashtra Education Services, Gr. C (Adm. Br) and as such all employees working in the category of Maharashtra Education Service, Gr. C (Adm. Br) should have a common seniority according to rules prescribed by Government as per their date of appointment and seniority. The Petitioner also relies on the order dated 7. 1. 2001 whereby various transfers were effected. The Petitioner was transferred from the post of ADEI to the post of Assistant Project Officer. Similarly other Petitioners were also so transferred.

(3.) GOVERNMENT resolution dated 19. 12. 1992 sets out that the post of supervisors created for the scheme of Adult Education are declared as surplus category and instructions have been given to absorb the employees on equivalent post anywhere. The G. R. notes that accordingly it was under consideration to change the Recruitment Rules for the post of Assistant Deputy Education Inspector as notified under G. R. No. PES 2366/d dated 17. 9. 71. By the proposed amendment, the persons having minimum three years experience as a supervisor in Adult Education Programme of State Government or Government of India, implemented in the State were eligible for promotion to the post of A. D. E. I. Similarly for appointments to be done by nomination to the post of A. D. E. I. required minimum three years experience as a supervisor in Adult Education Programme of State Government or Government of India implemented in the State. These rules were to be implemented with retrospective effect from 20. 9. 1989 and instructions were given to absorb supervisor who are in surplus category as per Government Resolution No. NAE-1089/2309/sashi-6 dated 20. 9. 89. On 21. 7. 1993 in terms of the Government Resolution dated 20. 9. 1989, the supervisors from the District Adult Education Officers Office, Gr. Mumbai declared as surplus category were absorbed till further orders as Assistant Project Officers/assistant Teacher in the scale of Rs. 1400-2600. The order indicates that all of them were absorbed in pay scale of Rs. 1400-2600.