Bombay High Court
Khan Kamarunnisa Hamid Khan vs The State Of Mah And Ors on 21 November, 2017
Bench: S.P. Deshmukh
1 WP-7428-07.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
WRIT PETITION NO. 7428 OF 2007
1. Khan Kamaruniisa Hamid Khan
Age : 47 years, Occup. Service,
R/o Milat Nagar, Plot No. 4,
Near Mallat High School,
Opp. Nursery Rickshaw Stop,
Jalgaon, Tq. & Dist. Jalgaon .. Petitioner
versus
1. The State of Maharashtra,
through Secretary,
Education Department,
Mantralaya, Mumbai.
2. The Chief Executive Officer,
Zilla Parishad, Jalgaon.
3. The Education Officer (Secondary),
Zilla Parishad, Jalgaon.
4. Gulam Dastagir Khan Amir Khan,
Age major, occup. Service,
R/o Badi Mohalla, At post Bhadgaon,
Tq. Bhadgaon, Dist. Jalgaon.
5. Shaikh Babu A. Rahman,
Age major, occup. Service,
R/o Pinjarwada, At post Faizpur,
Dist. Jalgaon .. Respondents
----
Mr. N. L. Choudhari, Advocate for petitioner
Mr. S. N. Morampalle, Assistant Government
Pleader for respondents no. 1 and 3.
Mrs. J. S. Aute, Advocate h/f Mr. B.S. Mundhe,
Advocate for respondent no. 2
Mr. S. B. Gorde Patil, Advocate for respondent no. 4
Mr. C. V. Bhadane, Advocate for respondent no. 5
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2 WP-7428-07.doc
CORAM : SUNIL P. DESHMUKH AND
SANGITRAO S. PATIL, JJ.
DATE : 21-11-2017
ORAL JUDGMENT (PER: SUNIL P. DESHMUKH, J.)
1. Heard learned counsel for the parties.
2. Petitioner had been before this court initially seeking
mandate to respondents no.2 and 3 for inclusion of his
name in the list of promoted candidates for the post of
Urdu Chief Central Officer Officer (Urdu Kendra Pramukh).
During pendency of writ petition, it appears, respondents
no. 4 and 5 had been promoted to the post of Urdu Kendra
Pramukh which, according to petitioner, is an act of
supersession.
3. After hearing learned counsel for parties, it appears, in
the seniority list of teachers as maintained by Zilla
Parishad, Jalgaon, petitioner stands at serial no. 327
whereas, respondents no. 4 and 5 figure at serial no. 348
and 357 respectively.
3 WP-7428-07.doc
4. Learned counsel for petitioner submits that
respondents no. 4 and 5 have been appointed, after
petitioner had been appointed and accordingly seniority is
maintained.
5. He further points out, Kendra Pramukh's post is a
promotional post and promotions are also to take place in
accordance with seniority. For said purpose, he refers to
Government Resolution dated 14-11-1994 (Exhibit D).
6. In support of his submissions, learned counsel for
petitioner further refers to and relies on decision of Division
Bench of this court delivered at Nagpur in a clutch of writ
petitions (writ petition no. 2280 of 1997 and companion writ
petitions) on 28-07-2016 wherein, it has been considered in
paragraph no. 25, thus;
'' 25. In view of this discussion, we find that contention of
petitioners that the seniority list of primary teachers in Zilla
Parishad must be drawn on the basis of date of obtaining the B.
Ed. Qualification, is erroneous and misconceived. The seniority
list needs to be prepared on the basis of date of joining the
service only. Those with B.Ed. Therein shall be eligible for
consideration when the post of Center In charge or Kendra
Pramukh is sought to be filled in. ' '
4 WP-7428-07.doc
7. Learned counsel further points out that in paragraph
no. 26 of aforesaid decision, in the similar circumstances,
there is a direction to draw seniority of primary teachers on
the basis of date of their joining service and selection
process as per appendix 'B' to Government Resolution
dated 14-11-1994.
8. Opposing aforesaid submissions, learned counsel Mrs.
Aute holding for Mr. B.S. Mundhe counsel appearing on
behalf of respondent no. 3 - Zilla Parishad, purports to
contend that since respondents no. 4 and 5 have acquired
B.Ed. qualification earlier than petitioner, their claims for
promotions as Kendra Pramukh was considered and they were
given promotion to said post.
9. However, appendix B to Government Resolution dated
14-11-1994 refers to that appointment by promotion to the
post of Kendra Pramukh is to be made on the basis of
seniority cum merit from trained graduate primary
teachers. It further refers to that while considering merits,
the confidential reports should be of 'B' grade.
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10. It does not appear to be the case of any of the
respondents that applying aforesaid criteria petitioner's
claim ought not to have been considered ahead of two
respondents, namely, respondents no. 4 and 5 who had
been promoted in December, 2008.
11. Further, learned counsel Mr. N. L. Chaudhari appearing
for petitioner has adverted to that during pendency of writ
petition, the petitioner has been promoted as Kendra Pramukh
in 2015.
12. Applying the criteria referred to in appendix
Government Resolution dated 14-11-1994, it is not the case
at all that petitioner could not have been considered for
promotion to the post of Kendra Pramukh. The only reason
that appears to have weighed with concerned respondents
is the date of acquisition of B. Ed. qalification. Said reason
does not appear to be compatible with criteria for
promotion to be Kendra Pramukh.
13. Having regard to aforesaid, it would be expedient to
allow writ petition with requisite directions to respondents.
6 WP-7428-07.doc
14. Writ petition, as such, is allowed. Respondents are
directed to give deemed promotion to the petitioner with
effect from the date on which respondent no. 4 had been
promoted, along with consequential, incidental and
ancillary benefits therefrom , including monetary benefits.
15. Rule is made absolute in aforesaid terms.
16. In view of aforesaid, other reliefs as prayed for in writ
petition are not being considered.
17. Writ petition is accordingly disposed of.
18. It is expected that respondents will give benefits
consequent upon this order to the petitioner at the earliest
preferably within a period of three months from the date of
receipt of writ of this order.
SANGITRAO S. PATIL SUNIL P. DESHMUKH
JUDGE JUDGE
pnd
