CHUDAMAN SHRAWANJI GULABE Vs. INDIRA EDUCATION SOCIETY NAGPUR

JUDGEMENT

(1.) HEARD Shri A. P. Deshpande, the learned Counsel for the petitioner. Shri R. K. Deshpande, learned Counsel for the management and Shri K. S. Dhote, learned Counsel for the respondent No. 3, Education Officer.

(2.) SHRI A. P. Deshpande, the learned Counsel contended that at the relevant time the petitioner was working as an Assistant Teacher in the respondent No. 2 school. The said school was/is managed by the respondent No 1. Society, registered under the Societies Act as well as Bombay Public Trust Act. The petitioner was initially appointed as an Assistant teacher on 1-8-1978 in respondent No. 2 school. At the time of appointment, the petitioners educational qualification were S. S. C. , D. Ed. The petitioner had also passed the Pre-University Commerce. The petitioner initially appointed on probation for two years. The petitioner being a trained teacher was deemed confirmed after completion of the period of two years with effect from 1-8-1980. The petitioner wanted to improve his educational qualification and, therefore, made an application to the Headmaster seeking permission to appear for B. A. examination. It is contended by the learned Counsel that the oral permission was granted by the Headmaster to the petitioner to appear for the relevant examination. The petitioner passed B. A. in the year 1981.

(3.) THE petitioner submitted an application to the respondent Nos. 1 and 2 to enter his improved qualifications in his service book i. e. B. A. , D. Ed. However, the respondent No. 2 avoided to comply with the legitimate request of the petitioner. The learned Counsel, further, submitted that the petitioner again requested the respondent Nos. 1 and 2 to enter his improved educational qualification as "graduate" in the service book and further requested to grant him the pay scale of Graduate Teacher in the 25 per cent quota having regard to the seniority. The learned Counsel for the petitioner contended that at the relevant time having regard to the strength of the middle school teachers amongst the graduate teachers working in the school, two graduate teachers were entitled to the pay scale of graduate teacher shown in Part III of the Maharashtra Employees of Private Schools (Conditions of Service) Rules, 1981. The total strength of the teachers appointed for Standard V to VIII were 8 and 25 per cent thereof comes to 2. Hence two teachers were entitled to receive the pay scale of graduate teachers pursuant to the note appended below Part II of the Rules.