- (1.) Leave granted.
(2.) This appeal by Special leave is directed against the judgment of the Bombay High Court dated 3-9-93 inter alia on the ground that the High Court committed gross error in relying upon the order of the Chief Executive Officer dated 18-4-90 even though the said Chief Executive Officer has suspended the operation of his earlier order by his order dated 26-10-1990. The short facts necessary for adjudicating the point is issue are that respondents 1 to 4 were serving under Zilla Parished as Primary School Teachers on deputation between 1962-1968 and were finally absorbed in the services of Zila Parishad in the year 1968-69. The State of Maharashtra, respondent No. 5, issued at Resolution No. PTP. 1070-F dated 22nd October 1970 authorising the Zilla Parishads, authorised Municipalities in Western Maharashtra, the Nagpur Municipal Corporation and the Municipal Councils in Nagpur Division to upgrade the existing posts of primary school teachers on their respective establishments into the posts of Head Masters in the scale of pay of Rs. 145-250 with retrospective effect from 1st April 1966. It was, however, stated in the said Resolution that the number of posts of be upgraded in each Zilla Parishad should be equal to the total of the number of primary school teachers teaching upto and inclusive of Standard VII and other primary schools having 200 or more people on their rolls on 1st April, 1966. The Resolution also stipulated that the Zilla Parishads, the authorised Municipalities, the Nagpur Municipal Corporation and Municipal Councils in Nagpur Division should be requested to fix the number of posts of Head Masters on the basis indicated above on 1st April, 1966 for the first time and to subsequently review it annually on 1st April. The aforesaid Resolution further indicated that the Zilla Parishads should be requested to fill up the posts of Head Masters by promotion in accordance with the provisions of Rule 6 (4) read with item No. 8 in Appendix IV (Part II) to Rule 5 of the Maharashtra Zilla Parishads District Services (Recruitment) Rules, 1967 (hereinafter referred to as "the Recruitment Rules"). The relevant Resolution is extracted hereinbelow in extenso:- "RESOLUTION.-Government is pleased to authorities the Zilla Parishads, authorised Municipalities in Western Maharashtra, the Nagpur Municipal Corporation and the Municipal Councils in Nagpur Division to upgrade the existing posts of primary school teachers on their respective establishments into the posts of Head Masters in the scale of pay of Rs. 145-5-175-6-187-E. B.-6-205-9-250, sanctioned in Government Resolution, Education and Social Welfare Department, No. PTP. 1069-F dated the 19th June, 1969, with retrospective effect from 1st April, 1966. The number of posts to be upgraded by each Zilla Parishad, authorised Municipality, Nagpur Municipal Corporation or a Municipal Council, as the case may be, should be equal to the total of:- (i) the number of primary schools teaching upto and inclusive of Standard VII; and (ii) the other primary schools having 200 or more pupils on their rolls on 1st April 1966. The Zilla Parishads, the authorised Municipalities, the Nagpur Municipal Corporation and Municipal Council in Nagpur Division should be requested to fix the number of posts of Head Masters on the basis indicated above on 1st April 1966 for the first time and ot subsequently review it annually on 1st April. 2.(A) The Zilla Parishads should be requested to fill up the posts of Head Masters by promotion in accordance with the provisions of Rule 6 (4) read with item No. 8 in Appendix IV (Part II) to Rule 5 of the Maharashtra Zilla Parishads District Services (Recruitment) Rules, 1967. EXPLANATION.-A primary teacher who has put in continuous service of five years as a teacher and who is trained should be held eligible for promotion to the upgraded post of Head Master. Five years' service need not necessarily be post-training service. (B) The Municipal School Boards, the Nagpur Municipal Corporation and the Municipal Councils in Nagpur Division should be requested to fill up the posts of Head Masters authorised under the Government Resolution by promotion in accordance with the Recruitment Rule attached to this Government Resolution (Schedule A) and in consultation with the Staff Selection Committee, if any.
(3.) The fixation of pay, payment of arrears and other cognate mattes should be regulated in accordance with the instructions contained in Schedule B attached to this Government Resolution.;