Case Note & Summary
The judgment concerns two writ petitions filed by Pandurang Kurhe and Namdeo Sase, both Assistant Teachers in a school run by Samta Shikshan Prasarak Mandal. The dispute revolves around inter se seniority and appointment as Head of the School. The Education Officer (Secondary), Zilla Parishad, Ahmednagar, passed an order on 05.01.2019 holding Kurhe senior to Sase, and on 21.01.2019 declined approval to Kurhe's appointment as Head of School. Sase challenged the seniority order, while Kurhe challenged the refusal of approval. The court noted that both petitions were interconnected and heard together. The facts reveal that Kurhe joined as Assistant Teacher on 15.06.1985, while Sase joined on 01.07.1985. The Education Officer, following directions from the High Court in W.P. No.10346/2018, determined seniority based on the date of joining as Assistant Teacher, not on the date of acquiring higher qualifications. The court upheld this determination, finding it consistent with the Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977. Regarding the appointment as Head of School, the court found that Kurhe's appointment was made without following the prescribed procedure and without prior approval from the Education Officer, and thus the refusal of approval was justified. The court dismissed both writ petitions, upholding the orders of the Education Officer.
Headnote
A) Service Law - Seniority - Inter Se Seniority of Teachers - Determination of Seniority - Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977 - Seniority of teachers in aided schools is determined by the date of joining as Assistant Teacher, not by the date of acquiring higher qualification. The Education Officer's order dated 05.01.2019 holding Shri Kurhe senior to Shri Sase was upheld. (Paras 1-20) B) Service Law - Appointment - Head of School - Approval of Appointment - Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977 - The Education Officer's order dated 21.01.2019 declining approval to Shri Kurhe's appointment as Head of School was upheld as the appointment was made without following due procedure and without prior approval. (Paras 1-20)
Issue of Consideration
Whether the Education Officer correctly determined inter se seniority of the petitioners based on their dates of joining as Assistant Teachers, and whether the refusal to approve the appointment of Shri Kurhe as Head of School was justified.
Final Decision
Both writ petitions are dismissed. The orders of the Education Officer dated 05.01.2019 and 21.01.2019 are upheld.
Law Points
- Seniority of teachers in aided schools is determined by the date of joining as Assistant Teacher
- not by the date of acquiring higher qualification
- Education Officer's order dated 05.01.2019 upheld
- appointment as Head of School requires seniority and approval
