PANDURANG ATMARAMJI TIJARE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) HEARD the learned counsel for the respective parties. As both the petitions involve common facts and also points to be decided, they are heard and decided together.

(2.) WRIT Petition No. 1201/96 has been filed by one Shri Pandurang s/o Atmaramji Tijare, who is assistant Teacher in respondent No. 3 School along with respondent No. 4, who has filed Writ Petition no. 971/97. The petitioner in Writ Petition No. 1201/96 Shri Tijare passed his D. Ed. examination in 1970 and came to be appointed as Assistant teacher with the respondent No. 3 School with effect from 1-7-1970. While he was so working, he passed his B. A. examination in 1974 and by resolution dated 3-8-1977 passed by the respondent no. 3 School, he came to be granted pay-scale of high School Teacher. He subsequently passed his b. Ed. examination in 1984. As against this, petitioner in Writ Petition No. 971/97 Shri V. G. Kadgaye has passed his B. Ed. examination in 1983 and came to be appointed as Assistant Teacher on temporary basis from 11-8-1983 till 30-4-1984. He was issued a fresh appointment order on probation for a period of two years sometimes in August 1984 and accordingly he came to be confirmed as assistant Teacher on or about 22-8-1986. The respondent No. 3 School published a seniority list in 1987 and in Category C , Shri Tijare was shown at serial No. 6 whereas Shri Kadgaye was shown at serial No. 9. The said list was reportedly circulated amongst all Teachers and no dispute of whatever nature was raised by any Teacher and accordingly the seniority list was deemed to be finalised. It is further contended by Shri Kadgaye that in the years 1992, 1993 and 1994, the respondent No. 3 published a seniority list wherein he was shown senior to Shri Tijare. However, the said lists as alleged by Shri Kadgaye are not on record. Admittedly on 1-7-1995, the respondent No. 3 School published a fresh seniority list and it was signed by all the concerned Teachers on its circulation. The said list was finalised on 7-8-1995 and incategory C of the said list, Shri Tijare was shown at serial no. 6, whereas Shri Kadgaye was shown at serial no. 9. It is contended by Shri Tijare that the said list was circulated amongst all the Teachers and no one has taken any objection and, therefore, the said list was deemed to be a final seniority list as on 7-8-1995.

(3.) BASED on the seniority list published in august 1995, it appears that respondent No. 4 Shri kadgaye was shown as a surplus Teacher to be absorbed in another School and the Education officer, Nagpur District vide his order dated 10-1-1996 directed the said respondent No. 4 to be absorbed in one of the Schools by name, Late shyarnkant Kadu High School, Masod, Post : Masod, tahsil Katol, District : Nagpur. The respondent no. 3 issued relieving order on 27-1-1996 and respondent No. 4 came to be relieved to join in the new School. Both these orders, namely, orders dated 10-1-1996 and 27-1-1996 came to be challenged by respondent No. 4 Shri Kadgaye in writ Petition No. 268/96 in which present petitioner Shri Tijare was also arrayed as a necessary respondent amongst others. However, it appears from the records that notice was issued in the said writ petition only to Education Officer and on receipt of the said notice, the Education officer filed a reply and contended that order dated 10-1-1996 was issued on erroneous presumption and both the orders impugned were directed to be withdrawn by him. It was under these circumstances that Writ Petition No. 268/96 came to be disposed of by this Court by order dated 26-2-1996.