Case Note & Summary
The petitioner, Prakash Narayanrao Thakare, was appointed as an assistant teacher on 17.03.1989 at Sonaji Maharaj High School, Sonala. At the time of entry into service, his date of birth was recorded as 01.10.1962 based on a Kotwal book entry and an affidavit dated 29.12.1983. After about 29 years of service, in 2018, the Education Officer (Secondary), Zilla Parishad Buldana (Respondent No.3) served a communication dated 27.03.2018 to the Headmaster, informing that the petitioner's date of birth was confirmed and approved as 15.09.1960. Aggrieved, the petitioner filed an appeal before the School Tribunal, Amravati (Appeal No.20 of 2018), treating the communication as a notice of retirement. The respondent management raised a preliminary objection regarding maintainability of the appeal under Section 9 of the Maharashtra Employees of Private Schools (Conditions of Service) Act, 1977, but the Tribunal dismissed the appeal on merits, holding that the petitioner's date of birth would be considered as 15.09.1960 for pensionary benefits, discarding the service book entry. The petitioner then filed a writ petition in the Bombay High Court, Nagpur Bench. The High Court examined the facts and found that the Tribunal's decision was based on evidence, including school records, and that the petitioner had not challenged the correctness of the date of birth at the time of entry. The Court held that the Tribunal's finding was not perverse and dismissed the petition, upholding the Tribunal's order.
Headnote
A) Service Law - Date of Birth Correction - Pensionary Benefits - Maharashtra Employees of Private Schools (Conditions of Service) Act, 1977, Section 9 - The petitioner challenged the communication dated 27.03.2018 from the Education Officer confirming his date of birth as 15.09.1960, which was earlier than the date recorded in his service book (01.10.1962). The School Tribunal dismissed the appeal, holding that the date of birth as per school records was correct. The High Court upheld the Tribunal's decision, finding no perversity in the finding that the petitioner's actual date of birth was 15.09.1960, and that the service book entry was erroneous. (Paras 2-10)
B) Service Law - Maintainability of Appeal - School Tribunal - Section 9 of the Act of 1977 - The respondent management raised a preliminary objection that the appeal under Section 9 was not maintainable as there was no challenge to any kind of order. However, the Tribunal and the High Court proceeded to decide the matter on merits, and the High Court did not specifically rule on the maintainability issue. (Paras 3-4)
Issue of Consideration
Whether the School Tribunal was correct in dismissing the appeal and confirming the petitioner's date of birth as 15.09.1960 for pensionary benefits, discarding the date of birth recorded in the service book as 01.10.1962.
Final Decision
The High Court dismissed the writ petition, upholding the judgment and order of the School Tribunal dated 03.11.2020, which held that the petitioner's date of birth would be considered as 15.09.1960 for pensionary benefits.
Law Points
- Date of birth correction
- Pensionary benefits
- Service book entry
- School Tribunal jurisdiction
- Maharashtra Employees of Private Schools (Conditions of Service) Act
- 1977
Case Details
WRIT PETITION NO. 763 OF 2021
Prafulla S. Khubalkar, J.
Shri R.L. Khapre, Senior Advocate with Shri Abhishek Shukla for petitioner; Shri S.V. Deshmukh for respondent no.1; Shri R.M. Tahaliyani for respondent no.2; Mrs. M.S. Naik, Assistant Government Pleader for respondent nos.3 and 4
Prakash Narayanrao Thakare
Sonaji Maharaj Education Society, Sonala; The Headmaster, Sonaji Maharaj High School; Education Officer (Secondary), Zilla Parishad Buldana; Presiding Officer, School Tribunal, Amravati
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Nature of Litigation
Writ petition challenging the judgment and order of the School Tribunal dismissing the appeal against the communication confirming the petitioner's date of birth as 15.09.1960 for pensionary benefits.
Remedy Sought
The petitioner sought to quash the Tribunal's order and to have his date of birth recorded as 01.10.1962 for pensionary benefits.
Filing Reason
The petitioner was aggrieved by the communication dated 27.03.2018 from the Education Officer confirming his date of birth as 15.09.1960, which was earlier than the date recorded in his service book (01.10.1962), affecting his pensionary benefits.
Previous Decisions
The School Tribunal, Amravati, in Appeal No.20 of 2018, dismissed the appeal and held that the petitioner's date of birth would be considered as 15.09.1960 for pensionary benefits.
Issues
Whether the School Tribunal erred in dismissing the appeal and confirming the date of birth as 15.09.1960 instead of 01.10.1962 as recorded in the service book.
Whether the appeal under Section 9 of the Maharashtra Employees of Private Schools (Conditions of Service) Act, 1977 was maintainable.
Submissions/Arguments
The petitioner argued that his date of birth was correctly recorded as 01.10.1962 in the service book based on a Kotwal book entry and affidavit, and the Tribunal erred in discarding it.
The respondent management raised a preliminary objection that the appeal under Section 9 was not maintainable as there was no challenge to any kind of order.
The Education Officer supported the communication confirming the date of birth as 15.09.1960 based on school records.
Ratio Decidendi
The Tribunal's finding that the petitioner's date of birth is 15.09.1960 is based on evidence and is not perverse; the service book entry of 01.10.1962 was erroneous and could be corrected for pensionary benefits.
Judgment Excerpts
Impugned in the petition is the judgment and order dated 03.11.2020 passed by the School Tribunal, Amravati ... by which the appeal filed by the petitioner came to be dismissed by holding that his date of birth would be considered as 15.09.1960 for the purpose of determining his pensionary benefits by discarding his date of birth as 01.10.1962 which was although recorded in his service book.
The facts giving rise to the instant petition are succinctly put below:- (i) The petitioner was appointed as an assistant teacher on 17.03.1989 and at the time of his entry in the Service, his date of birth was recorded as 01.10.1962 on the basis of a Kotwal book entry and his affidavit dated 29.12.1983.
Procedural History
The petitioner was appointed as an assistant teacher on 17.03.1989 with date of birth recorded as 01.10.1962. In 2018, the Education Officer communicated that his date of birth was confirmed as 15.09.1960. The petitioner filed Appeal No.20 of 2018 before the School Tribunal, Amravati, which was dismissed on 03.11.2020. The petitioner then filed Writ Petition No.763 of 2021 in the Bombay High Court, Nagpur Bench, which was dismissed on 16.10.2025.
Acts & Sections
- Maharashtra Employees of Private Schools (Conditions of Service) Act, 1977: Section 9
