Case Note & Summary
The petitioner, Sanjay Dhananjay Pachpole, was appointed as an Assistant teacher on 03.07.1997 in Vikas Vidhyalaya, Satod, run by Gramin Shikshan Mandal. He possessed B.A., B.Ed. qualifications and was granted D.Ed. pay scale. Respondent No.7, Kamalakar Ramdas Sonwane, was appointed on 01.12.1997 with B.A., B.P.Ed. qualifications as a graduate teacher. The petitioner sought a writ of certiorari to quash the order dated 09.04.2012 passed by the Education Officer (Secondary), Zilla Parishad, Jalgaon, which placed Respondent No.7 above him in the seniority list. The petitioner also sought a declaration that he is senior to Respondent No.7 and directions to correct the seniority list. The court examined the issue of seniority determination. The petitioner argued that seniority should be based on the date of appointment, while the respondents contended that the petitioner's initial appointment was in a lower pay scale (D.Ed.) and thus he should be considered junior. The court held that seniority is determined by the date of appointment, not by the pay scale or designation. The petitioner was appointed earlier, and the grant of D.Ed. pay scale does not affect his seniority. The Education Officer's order was quashed as it ignored the petitioner's earlier appointment date. The court directed the respondents to revise the seniority list placing the petitioner above Respondent No.7.
Headnote
A) Service Law - Seniority - Determination of Seniority - Date of Appointment - Seniority is determined by the date of appointment, not by the pay scale or designation at the time of appointment. The petitioner, appointed on 03.07.1997 with D.Ed. pay scale, is senior to Respondent No.7, appointed on 01.12.1997 as a graduate teacher. The Education Officer's order ignoring the earlier appointment date was quashed. (Paras 1-10) B) Education Law - Teacher Appointment - Pay Scale - D.Ed. Pay Scale - Grant of D.Ed. pay scale to a trained graduate teacher does not alter the date of appointment or seniority. The petitioner's initial appointment as an Assistant teacher with D.Ed. pay scale does not make him junior to a later appointee. (Paras 3-8)
Issue of Consideration
Whether the petitioner, appointed earlier but granted D.Ed. pay scale, is senior to Respondent No.7, appointed later as a graduate teacher, and whether the Education Officer's order dated 09.04.2012 is valid
Final Decision
The petition is allowed. The order dated 09.04.2012 passed by Respondent No.4 is quashed and set aside. The respondents are directed to revise the seniority list placing the petitioner above Respondent No.7. Rule made absolute accordingly.
Law Points
- Seniority determined by date of appointment
- not pay scale
- D.Ed. pay scale does not affect seniority
- Education Officer's order quashed for ignoring relevant material
