WP 6146/11 1 Judgment
IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
NAGPUR BENCH, NAGPUR.
WRIT PETITION No. 6146/2011
1. Ramkrishna S/o Shriram Bhoyar,
Aged about 57 years, Occu : Service,
R/o Aakshapur, Tah. Brahmapuri,
Distt. Chandrapur.
2. Digambar S/o Ramchandra Umre,
Aged about 57 years, Occu : Service,
R/o Chunabhatti, Ward No.8, Rajura,
Tahsil Rajura, District - Chandrapur.
3. Kashinath S/o Shankar Rahate,
Aged about 56 years, Occu : Service,
R/o Sister Colony, Bhadrawati,
Distt. Chandrapur.
4. Yogaji S/o Raghunath Donadkar,
Aged about 54 years, Occu : Service,
R/o Haveli Garden, Chaknimbala,
Tahsil and District - Chandrapur.
5. Premdas S/o Laxman Ramteke,
Aged about 54 years, Occu : Service,
R/o Mahatma Fule Chowk,
Naginabagh, Chandrapur.
6. Lataru S/o Arjun Butle,
aged about 55 years, Occu : Service,
R/o Kanhalgaon, Tahsil - Korpana,
Distt. Chandrapur.
7. Raman S/o Sadashiv Gujjanwar,
Aged about 55 years, Occu : Service,
R/o Nandgaon, Tah. Mul, Dist. Chandrapur.
8. Kewalram S/o Dinaji Bagmare,
Aged about 56 years, Occu : Service,
R/o Pathri, Tahsil - Sawli,
District - Chandrapur.
9. Prakash S/o Rajeshwarrao Kasarlewar,
Aged about 56 years, Occu : Service,
R/o Old Ninave Hospital, Kasturga
Road, Chandrapur.
10. Shamrao s/o Baliram Sukhdeve,
Aged about 57 years, Occu : Service,
R/o Gunjewahi, Tahsil - Sindewahi,
Distt. Chandrapur. PETITIONERS
.....VERSUS.....
::: Uploaded on - 13/06/2017 ::: Downloaded on - 14/06/2017 00:24:47 :::
WP 6146/11 2 Judgment
1. State of Maharashtra,
Through its Secretary,
Department of School Education & Sports,
Mantralaya, Mumbai-32.
2. The Director of Education,
Secondary and Higher Secondary Education,
Maharashtra State, Pune.
3. The Chief Executive Officer,
Zilla Parishad, Chandrapur.
4. Prakash S/o Rambhau Shende.
5. Mohd. Jilani Mohd. Sherif.
6. Smt.Harshada Ganesh Kherkar.
Nos.4 to 6 residents of Care of the Office of
Education Officer, Zilla Parishad, Chandrapur.
7. Janardhan S/o Marotrao Darve,
The Block Development Officer,
Panchayat Samitee, Sawali,
Dist. Chandrapur.
8. Ashok S/o Ganpat Sawarkar,
Block Education Officer, Panchayat
Samitee, Pomburna, Distt. Chandrapur.
9. Smt.Asha Padmakar Manekar,
Resident of Care of O/o Education
Officer Primary, Chandrapur.
10. V.H. Misar,
R/o Care of Panchayat Samiti, Ballarpur,
Dist. Chandrapur.
11. Sanjay S/o Vasant Goghate,
Resident of C/o Zilla Parishad School
at Rajura, Distt. Chandrapur.
12. Bhaskar S/o Dewaji Pimpare,
Resident of C/o Panchayat Samiti,
Chimur, Distt. Chandrapur.
13. Shambhaji S/o Shrawan Tajne,
Resident of C/o Panchayat Samiti,
Korpana, Distt. Chandrapur. RESPONDENTS
Shri M.I. Dhatrak, counsel for the petitioners.
Shri I.J. Damle, Assistant Government Pleader for the respondent nos.1 and 2.
Shri M.M. Sudame, counsel for the R-3.
CORAM :SMT.VASANTI A NAIK AND
A.D. UPADHYE, JJ.
8 JUNE, 2017.
DATE : TH
::: Uploaded on - 13/06/2017 ::: Downloaded on - 14/06/2017 00:24:47 :::
WP 6146/11 3 Judgment
ORAL JUDGMENT (PER : SMT.VASANTI A NAIK, J.)
By this writ petition, the petitioners challenge the resolution of the State Government as also the seniority list prepared by the respondent no.3-Zilla Parishad, dated 01.01.2010 that places the petitioners below the teachers that were appointed after the petitioner was appointed, solely because they had secured the training qualification before the petitioners had secured the same.
2. The petitioners were appointed as Assistant Teachers in Zilla Parishad schools and all the petitioners possess the requisite training qualification for appointment as Assistant Teachers. A seniority list was prepared by the respondent no.3.-Zilla Parishad on 01.01.2010 placing some of the Assistant Teachers that were appointed after the appointment of the petitioners above the petitioners in the seniority list. According to the petitioners, the seniority of a teacher is to be reckoned from the date of the appointment if the concerned teacher possesses the training qualification. It is submitted that for considering the claim of the Assistant Teachers for Group-B services-Deputy Education Officer, it would only be necessary for the Assistant Teachers to possess the training qualification. According to the petitioners, since all the petitioners were graduates and possessed the training qualification, their names ought to have been placed in the seniority list on the basis of their date of appointment and not from the date on which they secured the training qualification. It is ::: Uploaded on - 13/06/2017 ::: Downloaded on - 14/06/2017 00:24:47 ::: WP 6146/11 4 Judgment submitted that the very question that is involved in this writ petition fell for consideration before the Hon'ble Supreme Court in a matter arising out of the provisions of the Maharashtra Employees Private Schools (Conditions of Service) Regulation Act, 1977 and the Hon'ble Supreme Court has held that the seniority of the teachers should be reckoned from the date of their appointment if they possess the training qualification on the date on which the seniority list is prepared. It is submitted that by following the said judgment of the Hon'ble Supreme Court reported in (2014) 13 SCC 219 (Viman Vaman Awale Versus Gangadhar Makhriya Charitable Trust & others), this Court has decided a bunch of writ petitions filed by the Zilla Parishad employees like the petitioners, bearing Writ Petition Nos.2280 of 1997 and others and by the judgment dated 28.07.2016, this Court has allowed the claim of the petitioner in those writ petitions. It is stated that by relying on the judgment of the Hon'ble Supreme Court, this Court has held that if the teachers are fully qualified at the time of the preparation of the seniority list, the primary teacher who has joined first will rank the seniormost though he / she may be the last one to secure the B.Ed. Qualification. It is stated that in view of the ratio laid down in the judgment dated 28.07.2016 in Writ Petition No.2280 of 1997 and others, this writ petition also needs to be allowed. It is, however, stated that the petitioners have retired from service and, hence, appropriate relief may be granted.
::: Uploaded on - 13/06/2017 ::: Downloaded on - 14/06/2017 00:24:47 :::
WP 6146/11 5 Judgment
3. On a perusal of the judgment of the Hon'ble Supreme Court reported in (2014) 13 SCC 219 (Viman Vaman Awale Versus Gangadhar Makhriya Charitable Trust & others) and the judgment dated 28.07.2016 in Writ Petition Nos.2280 of 1997 and others, we find that the seniority list was not properly prepared. It appears that the seniority list was not prepared by the respondent no.3-Zilla Parishad as per the law laid down by the Hon'ble Supreme Court. As per the judgment of the Hon'ble Supreme Court that is followed by this Court, it was necessary for the Zilla Parishad to reckon the seniority of the qualified teachers from the date of their joining of the service irrespective of the fact that some of the teachers had secured the training qualification at a subsequent point of time than the other teachers.
4. Though we find that the seniority list prepared by the respondent no.3-Zilla Parishad is flawed and the same is liable to be set aside, in the circumstances of the case, since the petitioners have retired from service and promotion to the post of Deputy Education Officer cannot be based solely on seniority, as merit, i.e. the confidential reports and other aspects are also to be considered while granting promotion, we are not inclined to grant further relief in favour of the petitioners. At this stage, it would not be proper, specially when all the petitioners have retired from service on attaining the age of superannuation to ask the respondent no.3-Zilla Parishad to constitute a departmental promotion ::: Uploaded on - 13/06/2017 ::: Downloaded on - 14/06/2017 00:24:47 ::: WP 6146/11 6 Judgment committee and consider whether the petitioners were otherwise fit for promotion to the post of Deputy Education Officer at the relevant time. In the circumstances of the case, though the petitioners are entitled to succeed on the first prayer in regard to the quashing and setting aside of the seniority list, they would not be entitled to additional pensionery and other benefits solely because they could be placed above some of the others in the seniority list.
5. Hence, for the reasons aforesaid, the writ petition is partly allowed. The seniority list prepared by the respondent no.3-Zilla Parishad is hereby set aside. It is needless to mention that the respondent no.3- Zilla Parishad should prepare a seniority list in accordance with the judgment of the Hon'ble Supreme Court reported in (2014) 13 SCC 219 (Viman Vaman Awale Versus Gangadhar Makhriya Charitable Trust and others) and the judgment of this Court dated 28.07.2016 in Writ Petition No.2280 of 1997 and others. Steps in that regard should be taken at the earliest.
Rule is made absolute in the aforesaid terms with no order as to costs.
JUDGE JUDGE
APTE
::: Uploaded on - 13/06/2017 ::: Downloaded on - 14/06/2017 00:24:47 :::