Bombay High Court
Yashoda Jaysing Karande vs The State Of Maharashtra And Ors on 12 March, 2021
Bench: S.C. Gupte, Surendra Pandharinath Tavade
Aarti G. WP(ST).96359.2020.doc
Palkar
Digitally signed IN THE HIGH COURT OF JUDICATURE AT BOMBAY
by Aarti G. Palkar CIVIL APPELLATE JURISDICTION
Date: 2021.03.17
10:46:00 +0530 WRIT PETITION (STAMP) NO. 96359 OF 2020
Ms. Yashoda Jaysing Karande ....Petitioner
vs.
The State of Maharashtra & Ors. ...Respondents
.......
Mr. Narendra Bandiwadekar a/w Mr. Vinayak Kumbhar i/b Ms Ashwini
Navjyot Bandiwadekar for the Petitioner.
Mr. N. C. Walimbe, AGP for Respondent Nos.1 and 2.
CORAM : S. C. GUPTE AND SURENDRA P. TAVADE, JJ.
DATE ON WHICH JUDGMENT IS RESERVED: 2 FEBRUARY 2021
DATE ON WHICH JUDGMENT IS PRONOUNCED: 12 MARCH 2021
JUDGMENT (PER SURENDRA P. TAVADE, J.) :
. Rule. Rule made returnable forthwith, by consent of both counsel, the
Writ Petition is taken up for fnal hearing.
2. The Petitioner seeks direction to Respondent No. 2 to accept the
proposal of the Petitioner from Respondent No. 4 and grant approval to her
appointment in the post of Full Time Teacher (Hindi) in Respondent No.4
Junior College, by way of up-gradation from the post of Part Time Teacher
(Hindi).
3. The Petitioner is having qualifcations of M.A. (Hindi), M.A. (History)
B.Ed. Thus, the Petitioner is qualifed and eligible for the appointment as a
teacher for Hindi in the Junior College. After following due procedure of law
prescribed under the Maharashtra Employees of Private Schools Act, 1977,
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WP(ST).96359.2020.doc
Respondent No. 3 has appointed the Petitioner in Respondent No. 4- School
as a teacher on Clock Hour Basis (Hindi) on 8 June 2005. Respondent No. 2
granted approval to the appointment of the Petitioner on Clock Hour Basis
(Hindi) on 8 June 2006. There was increase in the workload, and a Part
Time Post became available. The Petitioner came to be appointed as Part
Time Teacher (Hindi) with efect from 11 August 2010. The said
appointment was approved by Respondent No. 2 as Part Time Shikshan
Sevak for a period of three years from 11 August 2010. After on completion
of three years as a Part Time Shikshan Sevak, Respondent No. 2 issued
order dated 15 January 2019 and granted approval to the Petitioner as a
Part Time Teacher from 11 August 2013.
4. On 30 June 2017, a post of Full Time Teacher (Hindi) fell vacant on
account of retirement of Shri. B. G. Mishra. The Petitioner, therefore,
requested Respondent No. 3 to appoint her in that vacant post of Full Time
Teacher by way of up-gradation. Accordingly, on 1 July 2017 Respondent
No. 3 gave appointment to the Petitioner as Full Time Teacher. Respondent
No. 4 thereafter submitted a proposal for approval. Respondent No. 4 has
informed the Petitioner that her proposal seeking approval to the post of Full
Time Teacher was not accepted by Respondent No. 2. Hence, the present
Petition.
5. Heard learned Counsel on behalf of the Petitioner and Learned AGP
on behalf of the Respondents. It is not in dispute that the Petitioner came to
be appointed as Teacher on Clock Hour Basis on 8 June 2005. She
continued to work on Clock Hour Basis till August 2006. Thereafter, she was
appointed as Part Time Shikshan Sevak. The said appointment was
approved by Respondent No. 2. After completion of three years service as
Part Time Shikshan Sevak, the Petitioner was appointed as Part Time
Teacher with efect from 11 August 2013. The said appointment was also
approved by Respondent No. 2. It is also an admitted fact that the post of
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WP(ST).96359.2020.doc
Full Time Teacher was available in the establishment of Respondent No. 4
due to retirement of Mr. B. G. Mishra. On the request of the Petitioner,
Respondent No. 3 appointed the Petitioner as a Full Time Teacher on the
vacant post of Mr. B. G. Mishra. On going through the above facts, it can be
said that the Petitioner is in service since year 2005 continuously on the
establishment of Respondent No. 4. Respondent No. 3 gave approval to the
appointment of the Petitioner on post of Clock Hour Basis and thereafter, as
Part Time Shikshan Sevak and then as Part Time Teacher. The Petitioner
has been in continuous service for more than 15 years. The appointment of
the Petitioner has been made by following due procedure laid down under
the MEPS Act,1977. She rightfully claims up-gradation to the post of Full
Time Teacher.
6. It is also submitted that there are various Government Resolutions,
read as under:
G.R. dated 31st January, 2001.
"The issue of appointing the Part Time Teacher
working at Junior College level as Full Time Teacher if
the full time post becomes available, was under
consideration of the Govt. Now, subject to the
conditions mentioned hereunder, the Part time teacher
working in the post should be appointed as full time
teacher if the post of full time teacher is created due to
increase in work load.
(1) While working under one Management if the full time post is
created in the same management, then observing the principles of
need of subjects and reservation for backward classes, the "Part Time
Teacher" working in that Post should be appointed as "Full Time
Teacher".
(2) If the newly created post in the Management is reserved as per
reservation and the Part-Time teacher is from upon category, he
cannot be upgraded to the post of full time teacher. However, if the
part time teacher is from category as per reservation, he can be
appointed in the post of full time teacher.
R.V.Patil 3/5
WP(ST).96359.2020.doc
(3) The part time teacher who has been appointed by the Management
in the Govt. recognized pay scale and has obtained salary with Govt.
approval in the year 1999-2000, such part time teacher will be entitled
to receive pay scale of full time teacher from the date of appointment in
the post of full time teacher."
G.R. dated 10th June, 2005
"(9) If the teacher working on part time teacher gets the work load of
full time teacher and if he is complying with the other terms and
conditions applicable to that post, in such cases he should be given
appointment as Shikshan Sevak. However, while giving such
appointment and while granting approval to the same, it would be
necessary to implement the reservation policy for the backward
classes. If the part-time teacher is to be appointed as Shikshan Sevak,
the service rendered by him as part time Shikshan Sevak should be
counted as half (Six months) for Shikshan Sevak. Thereafter if he
complies with the prevailing terms and conditions, he should be
appointed in regular pay scale. If the part time Shikshan Sevak has
worked as part time Shikshan Sevak for 6 years and if he is to be
given appointment in the post of full time teacher, he should not be
given appointment as Shikshan Sevak but he should be given
appointment in regular pay scale subject to compliance of the
prevailing terms and conditions."
7. The Petitioner is entitled to be appointed as a Full Time Teacher in
view of Paragraph 1 of the GR dated 31 January 2001. She possesses the
requisite qualifcation for the said post and has been working as a Part Time
Teacher with efect from 11 August 2013; therefore, the GR is applicable to
the facts of the present case.
8. A Division Bench of this Court while dealing with the same issue in
Chhagan Natha Rajapure V/s. State of Maharashtra & Ors. in Writ Petition
No. 6907 of 2011 by a judgment dated 19 December 2011 held that in view
of the Government circular dated 31 January 2001, a Part Time Teacher will
be required to be absorbed in the event of a vacancy of Full Time Teacher
being available in the said institution. The rest of the judgment does not
apply in the present case, as the Petitioner has the requisite period of
service entitling her to the beneft of the circular dated 31 January 2001.
R.V.Patil 4/5
WP(ST).96359.2020.doc
9. Rule is accordingly made absolute in terms of prayers (a) and (b).
There shall be no order as to costs.
(SURENDRA P. TAVADE, J) (S.C. GUPTE, J.)
R.V.Patil 5/5
