Bombay High Court
Sau. Sarita Rameshwarpant Yawale ... vs Education Officer (Sec.), Zilla ... on 24 November, 2017
Bench: Ravi K. Deshpande
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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
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Shri K.P.Mahalle, counsel for Petitioner.
Shri M.K.Pathan, AGP for Respondent no. 1
None for respondent No.2
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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
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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).
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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.
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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
