ASHOK DADUJI DONGARE Vs. ADARSHA SHIKSHAN PRACHAR SABHA & ORS.
LAWS(BOM)-2018-4-217
HIGH COURT OF BOMBAY
Decided on April 03,2018

Ashok Daduji Dongare Appellant
VERSUS
Adarsha Shikshan Prachar Sabha And Ors. Respondents

JUDGEMENT

R.K.DESHPANDE,J. - (1.) Rule, made returnable forthwith. Heard finally by consent of the learned counsels appearing for the parties.
(2.) The controversy involved in the present petition pertains to inter se seniority between the petitioner - Ashok Daduji Dongare and the respondent No. 3 - Sunil Vasantrao Dumpalwar in the post of Assistant Teacher in a Private School, governed by the provisions of the Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977 and the Rules framed thereunder (for short, "the MEPS Act" and "the MEPS Rules").
(3.) The facts relating to the case are as under : (i). The petitioner was initially appointed as Assistant Teacher on 16.7.1982, and at that time, he was possessing the qualifications of H.S.C. and D.Ed. According to the Management, the appointment of the petitioner was in Category 'E' of the Teachers under Schedule 'F' of the MEPS Rules, whereas the stand of the Education Officer, competent to determine the seniority, is that the appointment of the petitioner was in Category 'D'. The petitioner improved his qualifications by obtaining a bachelor's degree in Arts in the year 1986, and a bachelor's degree in Education in the year 1993. He was promoted on 1-8-1991 in the category of Graduate Teachers, and on 1-8-2000 as Assistant Teacher in the High School. The petitioner has retired from service from the month of October, 2017. (ii). The respondent No. 3 was appointed as Assistant Teacher on 1-7-1987 in Category 'C' of Teachers under Schedule-F of the MEPS Rules, and at that time, he was possessing the qualifications of B.Sc. And B.Ed. obtained in the year 1985 and 1987 respectively. The respondent No. 3 was promoted to the post of Supervisor on 1-7-2009 and thereafter as Assistant Head Master on 1-8-2010, and as Head Master on 1-5-2012. (iii). The petitioner filed S.T.C. Appeal No. 15 of 2011 under Section 9 of the MEPS Act challenging the promotion of the respondent No. 3 to the post of Assistant Head Master with effect from 1-8-2010 on the ground that the petitioner was senior to the respondent No. 3 in service, and in supersession of the claim of the petitioner, the Management appointed the respondent No. 3 to the post of Assistant Head Master. The School Tribunal, by its judgment and order dated 14-8-2014, has dismissed the appeal, holding that on the date of his appointment on 1-7-1987 the respondent No. 3 was in Category 'C' of Teachers under Schedule 'F' of the MEPS Rules and rightly shown as senior to the petitioner. This is the subject matter of challenge in this petition.;


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