Bombay High Court
Smt.Irfanabegum W/O Abdul Majid ... vs Zilla Parishad Akola Thr.Its ... on 13 June, 2016
Bench: V.A. Naik
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1
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH AT NAGPUR
WRIT PETITION NO.824/2000
PETITIONER: Smt. Irfanabegum w/o Abdul Majid Khan
aged 52 years, Occupation : Service,
resident of Near Hanif Kirana Shop,
Akbar Plots, Akot file, Akola, Tq. and Distt.
Akola.
...VERSUS...
RESPONDENTS : 1. Zilla Parishad, Akola through
its Chief Executive Officer, Tq. and
Distt. Akola.
2. Education Officer (Secondary), Zilla Parishad,
Akola, Tq.and Distt. Akola.
3. Iqbal Khan s/o Ahmad Khan
Adult, Occupation : Service c/o Z.P.
High School and Junior College, Akot,
Tq. Akot, Distt. Akola.
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Ms A.M. Kshirsagar, Advocate for petitioner
Shri G.G. Mishra, Advocate for respondent no.1
Shri S.M. Ghodeswar, AGP for respondent no.2
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CORAM : SMT. VASANTI A. NAIK, AND
MRS. SWAPNA JOSHI, JJ.
DATE : 13.06.2016
ORAL JUDGMENT (PER : SMT. VASANTI A. NAIK, J.)
By this writ petition, the petitioner impugns the order of the
respondent no.1 - Zilla Parishad, Akola dated 8.2.2000, asking the
petitioner to join in the Zilla Parishad High School, run by the respondent
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no.1 - Zilla Parishad, as an Assistant Teacher cum Supervisor after the
post of Lecturer in Political Science in the Zilla Parishad Urdu Medium
High School, on which she was working, was abolished.
The respondent no.1 - Zilla Parishad was running two
Schools, namely, Zilla Parishad Urdu Medium High School and Zilla
Parishad High School. The petitioner was promoted to the post of Lecturer
in Political Science in Zilla Parishad Urdu Medium High School, whereas
the respondent no.3 was nominated on the post of Lecturer in Political
Science in the other School, that is Zilla Parishad High School. When the
post of Lecturer in Political Science was abolished in the Zilla Parishad
Urdu Medium High School, where the petitioner was teaching, the
petitioner was transferred to the Zilla Parishad High School as an
Assistant Teacher cum Supervisor.
According to the petitioner, the petitioner ought to have
been transferred to the Zilla Parishad High School on the post of Lecturer
in Political Science and the respondent no.3 ought to have been reverted
on the post of Assistant Teacher cum Supervisor as the petitioner is senior
to the respondent no.3.
The relief sought by the petitioner cannot be granted. The
petitioner was promoted to the post of Lecturer in Political Science in the
Zilla Parishad Urdu Medium High School, whereas the respondent no.3
was nominated on the post of Lecturer in Political Science in the Zilla
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Parishad High School after following the due procedure of selection. The
appointment of the respondent no.3 was made by nomination and the
respondent no.3 could not have been reverted when his appointment to
the post of Lecturer in Political Science was made by direct recruitment.
Since the post of Lecturer in Political Science was available in only one of
the Schools run by the Zilla Parishad, in view of the abolition of the post
in Zilla Parishad Urdu Medium High School where the petitioner was
working, the respondent no.1 rightly directed the petitioner to join as an
Assistant Teacher cum Supervisor in the Zilla Parishad High School. The
respondent no.1 could not have reverted the respondent no.3, though he
may be junior to the petitioner as his appointment to the post of Junior
College Lecturer in Political Science was made by direct recruitment.
Since the order of the respondent no.1 is just and proper,
the writ petition is dismissed with no order as to costs. Rule stands
discharged.
JUDGE JUDGE
Wadkar
