PRAMOD Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard. Rule. Rule made returnable forthwith, and heard finally with the consent of the parties.

(2.) This Petition is filed with the following substantive prayers:

(3.) It is the case of the petitioner that, he has passed H.Sc., D.Ed. and is eligible to be appointed on the post of Assistant Teacher for teaching the students of 1st standard to 7th standard. Respondent no.3 is the school, having 1st to 10th standards, wherein the petitioner was appointed, vide order dated 24th December, 2012, initially on probation for a period of two years. As per the staffing pattern of the said school, there are 19 sanctioned posts in the said school, such as, one post of Headmaster, 17 posts of Assistant Teachers and only one post of Assistant Teacher is on non grant basis. After appointment of the petitioner, respondent no.3-school submitted proposal to respondent no.2 Education Officer for grant of approval to the appointment of the petitioner, and accordingly, respondent no.2, vide order dated 26.03.2013, granted approval to the appointment of the petitioner. After completion of the period of probation, the permanent approval to the appointment of the petitioner as an Assistant Teacher has been granted by the Education Officer [Primary], Zilla Parishad, Aurangabad, vide order dated 9th February, 2015. Thereafter, one teacher, who was working on aided basis, stood retired from the said school. Smt. Bansode, who was having D.Ed. qualification upgraded herself by obtaining B.Ed. qualification, and therefore, she was accommodated on the post of Graduate Trained Teacher. Consequently, previous post of Assistant Teacher occupied by her became vacant.