Case Note & Summary
The petitioner, Manohar Gopal Gathe, filed a writ petition before the Bombay High Court, Nagpur Bench, challenging the action of the respondents in issuing an advertisement for the post of Assistant Clerk, which he claimed negated his right to promotion. The respondents included the President of Suvichar Prasarak Mandal, the Head Master of Vikas Vidyalaya, and the Education Officer (Secondary), Zilla Parishad, Amravati. The petitioner sought consideration of his promotion claim under the Maharashtra Employees of Private Schools (Conditions of Service) Rules, 1981 (MEPS Rules). During the hearing, the advocate for respondents 1 and 2 informed the court that the advertisement for the post had already been withdrawn and that no appointment would be made pursuant to it. The court, after hearing the parties, directed that the petitioner's case be considered in accordance with Schedule B and Schedule F of the MEPS Rules, 1981. The rule was made absolute in the above terms. The judgment was delivered by a division bench comprising Justice S.A. Bobde and Justice Smt. Vasanti A. Naik on 18 January 2010.
Headnote
A) Service Law - Promotion - Assistant Clerk - Maharashtra Employees of Private Schools (Conditions of Service) Rules, 1981, Schedules B and F - The petitioner contended that his claim for promotion was being negated by the respondents by issuing an advertisement for direct recruitment. The respondents stated that the advertisement had been withdrawn and no appointment would be made pursuant thereto. The court directed that the petitioner's case be considered in accordance with Schedule B and Schedule F of the MEPS Rules, 1981. (Paras 2-3)
Issue of Consideration
Whether the petitioner's claim for promotion to the post of Assistant Clerk should be considered in accordance with the Maharashtra Employees of Private Schools (Conditions of Service) Rules, 1981, despite the issuance of an advertisement for direct recruitment.
Final Decision
The court directed that the petitioner's case be considered in accordance with Schedule B and Schedule F of the Maharashtra Employees of Private Schools (Conditions of Service) Rules, 1981. Rule made absolute in above terms.
Law Points
- Promotion claim
- MEPS Rules
- Schedule B
- Schedule F
- Withdrawal of advertisement
- Consideration of case
Case Details
2010 LawText (BOM) (01) 392
Writ Petition No. 5028 of 2009
S.A. Bobde, Smt. Vasanti A. Naik
Mr. Y.P. Kaslikar for petitioner, Mr. G.R. Sadar for respondent Nos.1 & 2, Mr. S.S. Doifode for respondent No.3
The President, Suvichar Prasarak Mandal; The Head Master, Vikas Vidyalaya; The Education Officer (Secondary), Zilla Parishad, Amravati
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Nature of Litigation
Writ petition challenging the issuance of an advertisement for the post of Assistant Clerk, which allegedly negated the petitioner's claim for promotion.
Remedy Sought
The petitioner sought consideration of his promotion claim in accordance with the MEPS Rules, 1981.
Filing Reason
The petitioner's claim for promotion to the post of Assistant Clerk was being negated by the respondents by issuing an advertisement for direct recruitment.
Issues
Whether the petitioner's claim for promotion should be considered under the MEPS Rules despite the advertisement for direct recruitment.
Submissions/Arguments
Petitioner: His claim for promotion to the post of Assistant Clerk is being negated by the respondents by issuing an advertisement for recruitment.
Respondents 1 and 2: The advertisement for the post has already been withdrawn and no appointment will be made pursuant thereto.
Ratio Decidendi
The court directed consideration of the petitioner's promotion claim under the MEPS Rules after the respondents withdrew the advertisement for direct recruitment, ensuring that the petitioner's right to promotion is not negated by external recruitment.
Judgment Excerpts
The only contention on behalf of the petitioner is that his claim for promotion and appointment in the post of Assistant Clerk is being negated by the respondents by issuing an advertisement for recruitment of the said post.
The learned Advocate for the respondents 1 and 2 states that the advertisement for the said post has already been withdrawn and that no appointment will be made in pursuance thereof. Hence, it is directed that the petitioner's case be considered in accordance with Schedule 'B' and Schedule 'F' of the Maharashtra Employees of Private Schools, (Conditions of Service) Rules, 1981.
Procedural History
The petitioner filed a writ petition before the Bombay High Court, Nagpur Bench, challenging the issuance of an advertisement for the post of Assistant Clerk. The court heard the parties and passed the order on 18-01-2010.
Acts & Sections
- Maharashtra Employees of Private Schools (Conditions of Service) Rules, 1981: Schedule B, Schedule F
