1 wp6127.15.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR
WRIT PETITION NO. 6127 OF 2015
Sau. Sarita Rameshwarpant Yawale,
(Erstwhile Ku. Sarita Ramdaspant Wath),
aged about 48 years, Occ. Service,
R/o. Madghe Lay-out, Narayanpur-Road,
Deomali, Paratwada, Tq. Achalpur,
Distt. Amravati. ....... PETITIONER
...VERSUS...
1. Education Officer (Secondary),
Zilla Parishad, Amravati,
Opposite Hotel Grand Mahfil,
Amravati.
2. Multipurpose Education Society,
Sindi Bk, Tq. Achalpur,
District - Amravati,
through its President,
Shri Damodar @ Balasaheb Lahane ...... RESPONDENTS
-------------------------------------------------------------------------------------------
Shri K.P.Mahalle, counsel for Petitioner.
Shri M.K.Pathan, AGP for Respondent no. 1
None for respondent No.2
-------------------------------------------------------------------------------------------
CORAM: R. K. DESHPANDE, AND
M.G.GIRATKAR, JJ.
th DATE : 24 NOVEMBER, 2017 .
ORAL JUDGMENT (P.C.) 1] The claim of the petitioner for counting her seniority in category "C" of Schedule F of the Maharashtra Employees of Private School Rules with effect from ::: Uploaded on - 27/11/2017 ::: Downloaded on - 28/11/2017 01:24:55 ::: 2 wp6127.15.odt 01.09.1992 has been rejected by the impugned order dated 22.06.2015 by the Education Officer (Secondary), Zilla Parishad, Amravati. The reason assigned is that, though the petitioner was possessing the qualification of B.A. B.Ed., and was a trained graduate teacher at the time of her initial appointment on 01.09.1992, her appointment was to teach the classes from 5th to 7th standards. The appointment was, therefore, made in lower grade of teachers. It is further stated in the decision of the Education Officer given on 22.06.2015 that the petitioner was promoted to the secondary school on 01.08.2005 and therefore, her seniority in the secondary school is to be counted from 01.08.2005. 2] The controversy is no longer res integra in view of the decision of this Court Saramma Varghese Vrs. Secretary/President, S.I.C.E.S Society and others, reported in 1990 (1) Bom.C.R. 185. Para 23 of the said decision being relevant is reproduced below.
"23. The provisions of the Act, Rules and the Code when analysed reduce themselves to the following principles :
Firstly, the Act and the Rules clearly stipulate that all teachers having B.A., B.Ed., or B.Sc., B.Ed., rank together for the purposes of fixation of seniority (Note 1 paragraph 2, Scheduled F to the Rules).::: Uploaded on - 27/11/2017 ::: Downloaded on - 28/11/2017 01:24:55 :::
3 wp6127.15.odt Secondly, the Act, Rules or the Code make no distinction based on the Division of the School in which a teacher teaches. The only distinction made is between permanent and temporary teachers (Rule 10 - Categories of Employees, Rule 68.1 Chapter III Section II of the Code).
Thirdly, the Rules and the Code reject the relevance of pay scale for the purpose of seniority. That is why Note 8 quoted at foot-note 26, enjoins the school to prepare a combined seniority list of teachers, notwithstanding the fact that trained graduate teachers in Junior Colleges draw higher scale of pay (Note 8 Paragraph 2 Schedule F to the Rules).
Fourthly, for the purpose of appointment of Head Masters and Supervisors in the S.S.C level Schools, the trained teachers with M.A./M.Sc./M.Com., are considered equal to trained teachers with B.A./B.Sc. /B.Com., degree. Therefore, a higher academic qualification too is not relevant for fixations of seniority of trained teachers (Note 3 Annexure 45 of the Code).
Fifthly, the only criterion for fixation of seniority of trained graduate teachers is the continuous officiation in such post of teacher (Notes 1, 2 and 3 below paragraph 2 of Schedule F to the Rules), depending upon their position on the ladder.
This Court has held that Maharashtra Employees of Private Schools Act, Rules or the Secondary School Code does not make any distinction based on the Division of the School in which the teacher teaches. The only distinction made is between permanent and temporary teachers. It is further held that the only criterion for fixation of seniority of trained graduate teachers is the continuous officiation in such post of teacher, depending upon, their position on the ladder. The reliance is placed on Notes 1, 2 and 3 below paragraph 2 of Schedule F of the M.E.P.S. Rules.
::: Uploaded on - 27/11/2017 ::: Downloaded on - 28/11/2017 01:24:55 :::
4 wp6127.15.odt
3] In view of above, the seniority of the petitioner
was required to be counted from 01.09.1992 in category "C" of the employees and the Education Officer has committed an error in counting the seniority of the petitioner from 01.08.2005.
4] In the result, the writ petition is allowed. The order dated 22.06.2015 passed by the Education Officer (Secondary), Zilla Parishad, Amravati, is hereby quashed and set aside. It is held that the the seniority of the petitioner in category "C" of teachers in Schedule F shall be counted from 01.09.1992.
Rule is made absolute in above terms. No order as to costs.
JUDGE JUDGE
Rvjalit
::: Uploaded on - 27/11/2017 ::: Downloaded on - 28/11/2017 01:24:55 :::