NIZAMUDDIN ALLIBHAI SHAIKH Vs. ADMINISTRATIVE OFFICER EDUCATION COMMITTEE

JUDGEMENT

(1.) THIS Petition, under Article 226 on the Constitution of India, takes exception to the order dated 14th October, 1986 passed by the Administrative Officer, Education Committee, Municipal Council, Miraj, reverting the Petitioner from the Post of the Head Master to the post of a Teacher. The Petitioner was appointed as a teacher in North Satara District School Board i.e. present Satara District, in April, 1949. Then he was transferred from North Satara District School Board to South Satara District School Board i.e. present Sangli District in July, 1956 on the basis of mutual transfer. In the year 1962, the Zilla Parishads were established under the Maharashtra Zilla Parishad, and the Primary Schools were put under the control of Zilla Parishads. Sangli Zilla Parishad prepared a directory of primary school teachers in 1968. The Petitioner was placed at Sr.No.1427 in the said directory. While Respondent No.7 was placed at Sr.No.1588. It seems that while preparing the Seniority List, the service rendered by the Petitioner in North Satara District School Board during the period from April 1949 to July 1956 was taken into consideration. Under the rules, if any person was aggrieved by the directory in which the seniority was mentioned, then, he was required to file written complaint within one month before the concerned authority. It is admitted position that no grievance was made against the seniority of the Petitioner.

(2.) IN Eighties, the primary schools were put under the control of Municipal Council, and, therefore, the services of the petitioner came under the control of Miraj Municipal Council. Miraj Municipal Council published a directory mentioning the seniority of the Primary School Teachers. The Petitioner was placed at 30th place in the said directory. The name of Respondent No.7 was shown at Sr.No.45. Again no grievance was made against the seniority of the Petitioner.

(3.) ON 24th July, 1987, the Administrative Officer again issued a letter to the Petitioner and directed him to furnish the order of transfer from Satara School Board to Sangli School Board within three days. It was mentioned in the said letter that if the necessary information is not supplied in time, then it would be difficult to consider the Petitioner to the post of Head Master. The Petitioner replied to the above said letter by his reply letter dated 28th July, 1986 stating therein that it is recorded in the Service Book that he has served in Satara District School Board from 17th August, 1949 to 1st July, 1956, and except the Service Book, there is no record with the Petitioner. It was also mentioned by the Petitioner in his reply letter that his transfer was done on mutual basis, and, therefore, the Zilla Parishad had also accepted the seniority of the Petitioner from the date of his appointment uninterruptedly while preparing the directory.