Case Note & Summary
The petitioner, Khalil Ahamad Khan, was employed as a Senior Clerk at Amolakchand Mahavidyalaya, Yavatmal. He was promoted to Head Clerk on 01.06.2006. Respondent no.5, Bandu Kashinath Akkawar, was also promoted to Head Clerk on the same date. Subsequently, by resolution dated 12.06.2013, the petitioner was reverted to the post of Senior Clerk with effect from 12.03.2013, on the ground that he was junior to respondent no.5. The petitioner filed an appeal under Section 59 of the Maharashtra University Act, 1994 before the University and College Tribunal, Nagpur, which was dismissed on 04.04.2016. The petitioner then filed a writ petition in the Bombay High Court challenging the Tribunal's order. The court examined the facts and found that the seniority list showed the petitioner as junior to respondent no.5. The court held that the appointment was subject to seniority determination and the reversion was valid. The writ petition was dismissed.
Headnote
A) Service Law - Reversion - Seniority - Maharashtra University Act, 1994, Section 59 - The petitioner challenged his reversion from Head Clerk to Senior Clerk on the ground that inter se seniority between him and respondent no.5 was not determined. The court held that the petitioner was junior to respondent no.5 as per the seniority list and the appointment was subject to seniority determination, hence reversion was valid. (Paras 1-5)
B) Service Law - Appointment - Subject to Seniority - Maharashtra University Act, 1994 - The petitioner and respondent no.5 were promoted on the same date but the petitioner was junior. The court held that the appointment was subject to seniority determination and the reversion was justified. (Paras 3-5)
Issue of Consideration
Whether the reversion of the petitioner from the post of Head Clerk to Senior Clerk was valid in the absence of determination of inter se seniority between the petitioner and respondent no.5.
Final Decision
The writ petition is dismissed. The judgment and order of the Tribunal dated 04.04.2016 is upheld.
Law Points
- Reversion of employee is valid when based on seniority
- Appointment subject to seniority determination
- No right to post if junior
- Section 59 Maharashtra University Act
- 1994
Case Details
2019 LawText (BOM) (01) 131
Writ Petition No.2928 of 2016
Mr. K.V. Deshmukh for Petitioner, Mr. A.S. Deshpande for Respondent Nos. 1 & 2, Mr. S.B. Bissa, AGP for Respondent No.3, Mr. Anup Dhore for Respondent No.5
Amolakchand Mahavidyalaya, Vidya Prasarak Mandal, Joint Director of Higher Education, Sant Gadge Baba Amravati University, Bandu Kashinath Akkawar
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Nature of Litigation
Writ petition challenging the judgment and order of the University and College Tribunal dismissing the petitioner's appeal against reversion.
Remedy Sought
The petitioner sought to quash the reversion order and the Tribunal's dismissal of his appeal.
Filing Reason
The petitioner was reverted from Head Clerk to Senior Clerk allegedly without determination of inter se seniority.
Previous Decisions
The University and College Tribunal dismissed the petitioner's appeal on 04.04.2016.
Issues
Whether the reversion of the petitioner was valid without determination of inter se seniority?
Submissions/Arguments
Petitioner argued that reversion was illegal as inter se seniority was not determined.
Respondents argued that the petitioner was junior to respondent no.5 and the reversion was based on seniority.
Ratio Decidendi
The reversion of an employee is valid when based on seniority, and appointment is subject to seniority determination. The petitioner being junior, his reversion was justified.
Judgment Excerpts
By this writ petition, the petitioner has challenged judgment and order dated 04.04.2016 passed by the University and College Tribunal, Nagpur, whereby an appeal filed by the petitioner before the Tribunal was dismissed.
It was the case of the petitioner that respondent no.5 was appointed by promotion on the said post of Head Clerk in the respondent no.1 College while the petitioner on the same date i.e. 01.06.2006 was appointed by promotion in the Amolakchand Law College and that in the absence of determination of inter se seniority between the two, the petitioner could not have been reverted to the post of Senior Clerk.
Procedural History
The petitioner was reverted on 12.06.2013. He filed an appeal under Section 59 of the Maharashtra University Act, 1994 before the University and College Tribunal, Nagpur, which was dismissed on 04.04.2016. The petitioner then filed the present writ petition in the Bombay High Court.
Acts & Sections
- Maharashtra University Act, 1994: 59
