Case Note & Summary
The Petitioner, Balasaheb Tulshiram Khune, a B.Sc. B.Ed. qualified teacher, was appointed as an Assistant Teacher of Mathematics in a regular permanent vacancy by the Respondent No.2 Management. He was granted B.Ed. scale from 1996 to 1997-98, but in 1998 the scale was denied to accommodate Respondent No.3, Maruti Gawade. Subsequently, on 14.06.1999, after the retirement of one Mr. H.P. Salunke, the Petitioner was again granted B.Ed. scale and approval was given on 15.06.1999. However, at the instance of Respondent No.4, Ankush Kamble, the Education Officer (Respondent No.1) withdrew the B.Ed. scale by order dated 24.12.1999, leading to reduction of the Petitioner's scale from B.Ed. to D.Ed. on 03.01.2000. The Petitioner challenged the reduction before the School Tribunal, which stayed the order on 19.01.2000 and ultimately set aside the reduction on 08.03.2002, directing payment at B.Ed. scale. Respondent No.4 challenged the Tribunal's order in Writ Petition No.7210/2002. The Petitioner filed the present writ petition challenging the grant of B.Ed. scale to Respondent No.3 and the withdrawal of his own scale. The Court considered the issues of natural justice and seniority. It held that the withdrawal of the Petitioner's B.Ed. scale without hearing him was violative of natural justice. The Court also found that the grant of B.Ed. scale to Respondent No.3, a junior teacher, at the cost of the Petitioner was unsustainable. The Court allowed the petition, quashed the order dated 24.12.1999, and directed the Respondents to grant the Petitioner B.Ed. scale w.e.f. 21.07.1997 with arrears within three months.
Headnote
A) Service Law - B.Ed. Scale - Withdrawal of Approval - Natural Justice - The Education Officer withdrew the B.Ed. scale granted to the Petitioner without giving him an opportunity of being heard, which is violative of principles of natural justice. The Court held that the order dated 24.12.1999 withdrawing the Petitioner's B.Ed. scale was passed without affording any hearing to the Petitioner and hence cannot be sustained. (Paras 1-5) B) Service Law - B.Ed. Scale - Seniority - Grant to Junior Teacher - The grant of B.Ed. scale to Respondent No.3 (Maruti Gawade) w.e.f. 03.07.1998 was at the cost of the Petitioner, who was senior and had been earlier granted the scale. The Court held that the Education Officer could not have granted the B.Ed. scale to a junior teacher without considering the rights of the senior teacher. (Paras 2-6) C) Service Law - B.Ed. Scale - Entitlement - The Petitioner, being a B.Sc. B.Ed. qualified teacher appointed in a regular permanent vacancy, was entitled to the B.Ed. scale from the date of his appointment. The Court directed the Respondents to grant the Petitioner B.Ed. scale w.e.f. 21.07.1997 and to pay arrears within three months. (Paras 6-7)
Issue of Consideration
Whether the withdrawal of B.Ed. scale granted to the Petitioner and the grant of the same to Respondent No.3 was valid and whether the Petitioner is entitled to B.Ed. scale from the date of his appointment.
Final Decision
The Court allowed the writ petition, quashed the order dated 24.12.1999, and directed the Respondents to grant the Petitioner B.Ed. scale w.e.f. 21.07.1997 and pay arrears within three months.
Law Points
- Natural justice
- right to be heard
- seniority in grant of B.Ed. scale
- Education Officer's power to withdraw approval
- Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act
- 1977
