Sheshnathsingh Wasudeosingh ... vs The Chief Officer,Municipal ...
2016 Latest Caselaw 4314 Bom

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                 IN THE HIGH COURT OF JUDICATURE AT BOMBAY




                                                                            
                               NAGPUR BENCH

                        WRIT PETITION  NO.  2557  OF  2001




                                                    
      Sheshnathsingh s/o Wasudeosingh
      Thakur, aged 45 years, occupation




                                                   
      Teacher, r/o Dr. Lohiya Ward,
      Near N.M.D. College, Gondia,
      District - Gondia.                              ...   PETITIONER




                                        
                        Versus

      1. The Chief Officer,
                             
         Municipal Council, Gondia.
                            
      2. The Education Officer
         (Secondary), Zilla Parishad,
         Gondia, District - Gondia.                   ...   RESPONDENTS
      


      None for the petitioner.
   



      Mrs. A.R. Kulkarni, AGP for the respondents.
                         .....

                                   CORAM :      B.P. DHARMADHIKARI &





                                                KUM. INDIRA JAIN, JJ.

AUGUST 01, 2016.

ORAL JUDGMENT : (PER B.P. DHARMADHIKARI, J.)

None for the petitioner even on second call.

2. Mrs. Kulkarni, learned AGP for the respondents has

pointed out that the petition was dismissed for want of

prosecution on 15.09.2009 and the matter came to be restored

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on 31.08.2010. Thereafter, it was again dismissed in default on

17.07.2015 and restored back on 09.02.2016.

3. In this situation, with the assistance of the learned

AGP, we have perused the papers. The learned AGP has invited

our attention to the fact that Respondent No. 2 has filed reply

affidavit dated 29.04.2002. The perusal of that affidavit shows

that the petitioner joined employment as Teacher in Primary

School on the strength of his qualification S.S.C., D.Ed. It

appears that thereafter he has improved his qualification and

obtained B.A., M.A. and also B.Ed. degree. On the strength of

this degree and qualification, he claimed better placement and

pay-scale. His prayer is to direct his employer to grant him

Graduate pay-scale from 01.12.1990 and pay-scale of High

School Teacher from the year 1992. Respondent No. 2, who

has filed reply is the Education Officer (Secondary) of Zilla

Parishad, Gondia. The employer of the petitioner has not filed

any reply. The Education Officer has invited attention to Rule

25 of the Maharashtra Employees of Private Schools

(Conditions of Service) Rules, 1981, (hereinafter referred to as

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1981 Rules) and submitted that as the petitioner did not obtain

necessary previous permission of the management, later

qualifications obtained by him cannot be looked into and

benefit thereof cannot be conferred upon him. The learned

Assistant Government Pleader is relying upon it.

4. The Maharashtra Employees of Private Schools

(Conditions of Service) Regulation Act, 1977, (hereinafter

referred to as the MEPS Act) defines Private School vide its

Section 2(20). The School of a Local authority is not subjected

to the provisions of MEPS Act, 1977 or 1981 Rules framed

thereunder. The reliance upon the provisions of Rule 25 by

Respondent No. 2, therefore, appears to be incorrect.

5. The petitioner has pointed out that he joined as

Assistant Teacher in Primary School on 06.08.1974 and he was

confirmed on 05.01.1977. He continued to work in Primary

School till 30.11.1990. Vide order dated 01.12.1990, he was

transferred to High School. He worked in Middle School from

01.12.1990 attached to High School but was not given pay-

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scale of a Graduate Teacher. In 1992, he was assigned duties

in High School because of shortage of teaching staff. The Head

Master of the School also sent a note recommending suitable

pay-scale for the petitioner. In the writ petition as filed on

09.04.2001, he has stated that he continued to teach in High

School for eight years after 1992. He made representation on

26.11.1999 and sought appropriate pay fixation.

6. All these facts are not denied by Respondent No. 1 -

Chief Officer. However, the employer - Municipal Council is

not joined as a party before this Court. In this situation, we

find it improper to hold that the employer has accepted the

assertions of the petitioner.

7. The facts show that though the Education Officer

has come up with a defence of absence of the previous permission

before betterment of qualifications, those qualifications in fact

have been used by the employer after 1990 and because of

higher qualifications, the petitioner was entrusted with the

work of teaching Middle School and thereafter High School.

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The petitioner, therefore, prima facie should have been given

necessary pay-scale of the work done by him. Obviously that

has not been done.

8. In this situation, as the employer - Municipal

Council is not a party, interest of justice can be met with by

giving liberty to the petitioner to move his employer. If such a

representation is made by the petitioner within a period of four

weeks from today, Respondent No. 1 - Chief Officer shall place

it before the employer for its appropriate consideration in

accordance with law. The Municipal Council shall thereafter

take suitable decision within next four months.

9. With these directions, we dispose of the present

writ petition. Rule accordingly. However, in the facts and

circumstances of the case, there shall be no order as to costs.

               JUDGE                                                       JUDGE

                                            ******
      *GS.





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                                   C E R T I F I C A T E




                                                                             
                                                     

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