LAWS(BOM)-2006-8-96

SUMERSING GANPATSINGH PARDESHI Vs. KARMALA TALUKA EDUCATION

Decided On August 30, 2006
SUMERSING GANPATSINGH PARDESHI Appellant
V/S
KARMALA TALUKA EDUCATION SOCIETY, KARMALA Respondents

JUDGEMENT

(1.) This petition assails the Judgment and Order dated 18/9/1991 passed by the School Tribunal, Pune Region, Pune thereby dismissing Appeal No.35 of 1989 filed by the petitioner challenging the promotion of the present respondent no.2 to the post of Head Master of Mahatma Gandhi High School, Karmala with effect from 22/2/1989. Hence this petition is treated as one filed under Article 227 of the Constitution.

(2.) Admittedly, during the pendency of this petition, the petitioner has retired on 31/7/2000 and the respondent no.2 on 31/7/1997. The post of Head Master, as at present, is occupied by a new incumbent appointed as per the Rules and though the petitioner was in service as on 31/7/1997, his claim for promotion to the post of Head Master was not considered till he retired.

(3.) In his appeal before the School Tribunal, it was the case of the petitioner that in the seniority list of all the teachers in the M.G. High School, his name was at Sr.No.11, whereas the name of the respondent no.2 who was promoted to the post of Head Master, was at Sr.No.15 and the management had brought pressure on all the 14 senior teachers, including the petitioner himself and obtained their refusal to accept the promotion to the said post. This action of the management was illegal and in any case as per him, the first 10 teachers above him were not interested in accepting promotion to the post of Head Master and, therefore, he being the next senior-most teacher, he ought to have been considered. His claim was illegally denied and under pressure he was made to sign some statement and thus the promotion granted to respondent no.2 was illegal and void ab-initio.