Bombay High Court
Namdeo Jijoba Agade, Gondia vs The Municipal Council, Gondia & 2 ... on 28 June, 2017
Bench: Ravi K. Deshpande
Judgment wp.1538.02
1
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR.
WRIT PETITION N0.1538 /2002
* Namdeo s/o Jijoba Agade
A/a 63 years, occu: Retd.Teacher
R/o Ganeshnagar, Gondia,
Tah. & Dist.Gondia ..PETITIONER.
VERSUS
1) The Municipal Council, Gondia
Dist. Gondia: Through Its Chief Officer
2) The Education Officer,
Zilla Parishad, Gondia, Dist.Gondia.
3) Smt. A.Bux,
a/a 60 years, occu: Retd.Teacher
R/o Kaka Chowk, Civil Lines,
Gondia, Tah. & Dist. Gondia. ..RESPONDENTS
.
.........................................................................................................................
None for the petitioner.
Mrs. Geeta Tiwari, Assistant Government Pleader for
respondent no.2
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CORAM : R.K. DESHPANDE &
MRS.SWAPNA JOSHI, JJ.
DATED : 28 th
June, 2017
ORAL JUDGMENT: (Per R.K. DESHPANDE, J.)
The petitioner claims the relief of grant of deemed date of
promotion to the post of Supervisor with effect from 1.5.1992 and to the
post of Assistant Headmaster with effect from 1.5.1995. He further claims
Judgment wp.1538.02
relief of a direction to the respondents to grant approval to the appointment
of the petitioner as Headmaster with effect from 1.8.1998 till the date of his
retirement i.e. 30.4.1999.
2. It is not in dispute that the petitioner was working as an Assistant
Teacher and he was granted deemed date of promotion on the post of
Supervisor with effect from 12.2.1993. He was promoted as Assistant
Headmaster on 1.4.1998 and to the post of Headmaster on 1.8.1998. He
retired from the post of Headmaster with effect from 30.4.1999 upon
attaining the age of superannuation. It is also not in dispute that the
petitioner was granted the pay-scale of selection grade Headmaster with
effect from 1.6.1995.
3. According to the averments made in the petition, one Shri S.A.
Rahim was promoted to the post of Assistant Headmaster in Manohar
Municipal High School and another Ajay Gaur as an Assistant Headmaster
in the Municipal Matatoli High school. According to him, both these persons
were junior to the petitioner and in spite of the fact that there existed one
post, the petitioner was denied promotion. The respondent no.3 -Smt. A.
Bux, was promoted to the post of Headmistress in Municipal Girls' High
School with effect from 8.5.1995.
Judgment wp.1538.02
4. In the absence of challenge to the supersession in the matter of
promotion of the persons junior to the petitioner, we cannot entertain the
claim for grant of deemed date of promotion. The persons who have
superseded the petitioner in promotion, ought to have been made party-
respondents in the petition. We do not find any such challenge raised in the
petition and the persons promoted have also not been joined as party-
respondents, except the respondent no.3-Smt. A. Bux. The promotion of
respondent no.3 as Headmistress in the Girls' School and in the absence of
definite challenge, it is not possible for us to direct grant of deemed date of
promotion to the said post.
5. In the result, the Writ Petition is dismissed. No. costs.
JUDGE JUDGE
sahare
