VIMAN VAMAN AWALE Vs. GANGADHAR MAKHRIYA CHARITABLE TRUST
LAWS(SC)-2014-8-27
SUPREME COURT OF INDIA (FROM: BOMBAY)
Decided on
August 13,2014
Viman Vaman Awale
Appellant
VERSUS
Gangadhar Makhriya Charitable Trust
Respondents
Referred Judgements :-
SHITLA PRASAD SHUKLA VS. STATE OF UTTAR PRADESH [REFERRED TO]UNION OF INDIA VS. B JAYARAMAN [REFERRED TO]
R B DESAI VS. S K KHANOLKER [REFERRED TO]
Cited Judgements :-
SMT.PUSHPANJALI SUBODHA SHENVI VS. NAGRIK SEVA MANDAL [LAWS(BOM)-2016-7-87] [REFERRED TO]VINOD KUMAR VS. STATE OF J&K AND ORS [LAWS(J&K)-2018-5-7] [REFERRED TO]
CHAGAN S/O NAMDEORAO ATHAWALE VS. EDUCATION OFFICER (SECONDARY), ZILLA PARISHAD, AMRAVATI & ORS [LAWS(BOM)-2017-9-207] [REFERRED TO]
MOHAMMAD JAMEEL MOHD. ZAMAN VS. THE AMRAVATI ZILLA PARISHAD [LAWS(BOM)-2016-7-85] [REFERRED TO]
INDARVADAN R GANDHI VS. STATE OF GUJARAT & 2 [LAWS(GJH)-2016-3-327] [REFERRED]
M.ELANGOVAN VS. STATE OF TAMIL NADU [LAWS(MAD)-2017-1-86] [REFERRED TO]
STATE OF J&K VS. NAZIR AHMAD MAGREY [LAWS(J&K)-2019-4-73] [REFERRED TO]
SUNIL S/O PANDHARI NAGRARE VS. STATE OF MAHARASHTRA [LAWS(BOM)-2020-11-30] [REFERRED TO]
ROOPALI VS. COLLECTOR, NAGPUR AND ORS. [LAWS(BOM)-2015-8-182] [REFERRED TO]
SUNIL S/O GOPALRAO PANDE VS. THE AMRAVATI ZILLA PARISHAD [LAWS(BOM)-2016-7-86] [REFERRED TO]
M ELANGOVAN VS. STATE OF TAMIL NADU [LAWS(MAD)-2017-1-417] [REFERRED TO]
SATISH RAMCHANDRA KAMDI VS. STATE OF MAHARASHTRA, THROUGH ITS SECRETARY, DEPARTMENT OF SCHOOL EDUCATION, MANTRALAYA, MUMBAI [LAWS(BOM)-2018-3-220] [REFERRED TO]
SAHAKAR VIDYA PRASARAK MANDAL & ANR. VS. SMT. SHREELEKHA SUNIL GHAG [LAWS(BOM)-2018-5-31] [REFERRED TO]
MATOSHRI SAVITRIBAI FULE EDUCATION SOCIETY VS. EDUCATION OFFICER [LAWS(BOM)-2021-10-348] [REFERRED TO]
CHHANNOOLAL NAVIN VIDYA BHAVAN TEACHERS EDUCATION SOCIETY GANDHIBAGH VS. STATE OF MAHARASHTRA THROUGH ITS SECRETARY [LAWS(BOM)-2020-4-90] [REFERRED TO]
MADHAVI VS. CHAGAN [LAWS(SC)-2020-12-13] [REFERRED TO]
GAUR PRATIBHA (THAKUR PRATIMA JAGATSINGH ) AND ORS VS. STATE OF MAHARASHTRA THROUGH SECRETARY AND ORS [LAWS(BOM)-2019-4-37] [REFERRED TO]
KRIPA SINDHU DAS VS. STATE OF ASSAM [LAWS(GAU)-2019-8-59] [REFERRED TO]
SUNANDA SOMA NIKAM VS. STATE OF MAHARASHTRA [LAWS(BOM)-2018-4-153] [REFERRED TO]
JUDGEMENT
-
(1.)Leave granted.
(2.)Dispute in this appeal pertains to the seniority of the appellant vis-a-vis respondent No.4. Both the appellant as well as respondent No.4 are working as teachers in Seth Gangadhar Makhriya High School, Mahabaleshwar, District Satara in Maharashtra. It is not in dispute that the appellant had joined the said school as Assistant Teacher before respondent No.4 and was senior to him in the post of Assistant Teacher. However, respondent No.4 had acquired B.Ed. degree prior to the appellant and on that basis he is treated senior to the appellant in the category of 'Trained Graduate Teachers'. Whether this consequence follows as a result of the rules is the matter of examination in the present case.
(3.)This question has arisen in the following circumstances:
The appellant joined the service with respondent No.3 School as Assistant Teacher on 24.08.1979, whereas respondent No.4 joined the same post in the same School on 01.09.1980. At the time of her joining, the appellant had not completed her graduation, though it is not in dispute that the appellant fulfilled the requisite qualifications for appointment as Assistant Teacher. She completed her BA in the year 1984. Thereafter, she did B.Ed. as well, with due permission of the School authorities, and passed the said course on 20.05.1986. To improve her academic record, the appellant even acquired the qualification of MA in the year 1997. On the other hand, the academic graph of respondent No.4 discloses that he was already BA when he joined the service as Assistant Teacher on 01.09.1980. He also did B.Ed. and completed that course on 01.11.1984 (that is, before the appellant, who had acquired the same qualification on 20.05.1986).
(2.)Dispute in this appeal pertains to the seniority of the appellant vis-a-vis respondent No.4. Both the appellant as well as respondent No.4 are working as teachers in Seth Gangadhar Makhriya High School, Mahabaleshwar, District Satara in Maharashtra. It is not in dispute that the appellant had joined the said school as Assistant Teacher before respondent No.4 and was senior to him in the post of Assistant Teacher. However, respondent No.4 had acquired B.Ed. degree prior to the appellant and on that basis he is treated senior to the appellant in the category of 'Trained Graduate Teachers'. Whether this consequence follows as a result of the rules is the matter of examination in the present case.
(3.)This question has arisen in the following circumstances:
The appellant joined the service with respondent No.3 School as Assistant Teacher on 24.08.1979, whereas respondent No.4 joined the same post in the same School on 01.09.1980. At the time of her joining, the appellant had not completed her graduation, though it is not in dispute that the appellant fulfilled the requisite qualifications for appointment as Assistant Teacher. She completed her BA in the year 1984. Thereafter, she did B.Ed. as well, with due permission of the School authorities, and passed the said course on 20.05.1986. To improve her academic record, the appellant even acquired the qualification of MA in the year 1997. On the other hand, the academic graph of respondent No.4 discloses that he was already BA when he joined the service as Assistant Teacher on 01.09.1980. He also did B.Ed. and completed that course on 01.11.1984 (that is, before the appellant, who had acquired the same qualification on 20.05.1986).
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