MOHAMMED HASSAN KHAN Vs. MOHMMEDMAJIDULLA

JUDGEMENT

(1.) THE appellant was initially appointed in a Primary School run by the present respondent no. 2 Madarse madinatul Uloom as Assistant Teacher on 16th June, 1975, though untrained with S. S. C. qualifications. He was, by an order dated 29/06/1979 appointed as a Junior Clerk under the Madinatul Uloom Boys Primary School, Nanded w. e. f. 20/10/1978 and he continues to be in the said post till this date and presently, he is posted as Head Clerk pursuant to the order passed by the school Tribunal in his appeal No. 174/1994.

(2.) IT appears that the respondent no. 2 also runs a High School by the same name i. e Madinatul Uloom High School, Nanded and the respondent no. 1 came to be appointed in the said High School as Laboratory Assistant w. e. f. 18/09/1979. He was appointed to the post of Junior Clerk on or about 07/01/1981 and immediately, on the next day, he was promoted to the next higher post i. e. Senior Clerk in the High School. Admittedly, the respondent no. 1 holds qualifications of B. Sc. The respondent no. 3 came to be appointed as Junior Clerk in the High School w. e. f. 04/12/1985 and he was consequently, promoted to the post of Senior Clerk on 01/081988 by the respond-ent no. 2. The respondent no. 3 holds the qualifications of S. S. C. only. Whereas, the respondent no. 4 who also possesses the qualifications of S. S. C. was initially appointed as Librarian by the respondent no. 2 in the High School on 04/02/1985 and he was appointed to the post of Junior Clerk in the said High school w. e. f. 21/12/1989.

(3.) IT appears that the petitioner, sometimes in August, 1981, submitted representation against the promotion of respondent no. 1 to the post of Senior clerk and by reply dated 23rd August, 1981, he was informed that his representation was kept pending. Nothing further happened and at the relevant time, when the respondent no. 1 was promoted to the post of Senior clerk, the provisions of the Secondary School Code were in operation for the employees of the High School and the Bombay Primary Education Rules, 1949 framed under the Bombay Primary Education Act, 1947 were in operation for the employees of the Primary Schools.