NAGNATH SADHU GAIKWAD Vs. MAHARASHTRA SHIKSHAN PRASARAK MANDAL

JUDGEMENT

(1.) THIS Petition is directed against the Judgement and order dated 23-7-1998 rendered by the School Tribunal at pune thereby dismissing the Appeal No. 110/1996 filed by the present Petitioner.

(2.) THE Petitioner joined as an Assistant Teacher in the Respondent No. 2 School on 19-9-1977 and at that time he possessed the qualifications of S. S. C. + D. Ed (2 years course), Whereas the Respondent No. 3 also joined the very same School on 6-10-1977 with qualifications of s. S. C. + C. P. Ed. (one year course ). The Respondent No. 3 obtained his B. Ed. degree in 1984 whereas the peitioner obtained the said degree in 1991. On 1-3-1996 the Respondent No. 3 came to be appointed by way of promotion to the post of Head Master by the respondent No. 1 and 2 and said order of promotion came to be challenged by the Petitioner in Appeal No. 110/1996. It was contended by the Petitioner before the school Tribunal that on acquiring qualifications of b. Ed. in 1991, his seniority was required to be counted from the initial date of appointment i. e. 19-9-1977 and if so counted he would be senior to Respondent No. 3 and thus eligible to the appointment for the post of Head master by way of promotion before the candidature of respondent No. 3 could be considered by the management. The School Tribunal was not impressed by these submissions and it held that the Petitioner was junior to Respondent No. 3.

(3.) THE Respondent No. 3 has filed an affidavit in reply and has relied upon the Division Bench Judgement of this court in the case of Saramma v/s. Secretary/president, s. I. C. E. S. Society and others (1989 MLJ 951) and contended that the view taken by the School Tribunal cannot be faulted with and the same requires to be confirmed.