MADHAVI Vs. CHAGAN
LAWS(SC)-2020-12-13
SUPREME COURT OF INDIA (FROM: BOMBAY)
Decided on December 09,2020

MADHAVI Appellant
VERSUS
Chagan Respondents


Referred Judgements :-

GAUR PRATIBHA AND ORS. VS. STATE OF MAHARASHTRA THROUGH THE SECRETARY [REFERRED TO]
VAIJANATH TATYARAO SHINDE VS. SECRETARY MARATHWADA SHIKSHAN PRASARAK MANDAL [REFERRED TO]
VIMAN VAMAN AWALE VS. GANGADHAR MAKHRIYA CHARITABLE TRUST [REFERRED TO]
BHAWANA VS. STATE OF MAHARASHTRA [REFERRED TO]


JUDGEMENT

HEMANT GUPTA, J. - (1.)The present appeals are directed against the common order of the High Court of Judicature at Bombay, Nagpur Bench, whereby, the review of the dismissed writ petition filed by respondent No.1[1] was allowed and the order passed by the School Tribunal dated 1.1.2016 was set aside.
[1] Hereinafter referred to as 'Chagan'

(2.)The appellant[2] herein was appointed with Shri Samarth Shikshan Sanstha[3] on a temporary basis on 16.7.1985. At that time, she possessed graduation and B.Ed, degrees and was accordingly placed in Category C of Schedule F of The Maharashtra Employees of Private Schools (Conditions of Service) Rules, 1981[4]. However, she was not appointed against regular vacancy. Chagan was thereafter appointed as Assistant Teacher at the School on 1.8.1985 for teaching the students of Vth to VIIth standards, possessing qualification of Senior Secondary Certificate and Diploma in Education at the time of appointment. He was placed in Category E of Schedule F of the Rules. Both Madhavi and Chagan were appointed for teaching the same section. The School later approved their appointments against regular vacancies on 5.9.1986 w.e.f. 2.5.1986.
[2] Hereinafter referred as 'Madhavi'

[3] For short, the 'School'

[4] For short, the 'Rules'

(3.)On 24.11.1988, the School passed an order of upgradation of Madhavi to High School Scale w.e.f. 24.11.1988. The appointment of Madhavi was purely temporary upto the Academic Session 1988-89. Some of the candidates, who are respondent Nos. 5 to 7, all graduates and holding B.Ed, qualification, were appointed at the School and placed in Category C of Schedule F of the Rules. It is thereafter that Chagan acquired B.Sc. degree and entered Category Dof Scheduled F of the Rules on 21.2.1997. Chagan then obtained B.Ed, degree in the year 1999 and was thus placed in Category C of Schedule F.
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