Case Note & Summary
The appellant, Rajendraprasad Tiwari, was appointed as an Assistant Teacher on 15.06.1985 but acquired his B.Ed. training qualification on 21.05.1986. Respondent No.4, Baburao Saidapure, was appointed on 15.06.1987 and already held a B.Ed. at the time of appointment. The appellant claimed seniority over Respondent No.4 based on his earlier date of appointment. The School Tribunal, in Appeal No.38 of 2010, held that the appellant's seniority should be reckoned from the date he acquired the training qualification (21.05.1986) and not from his initial appointment date. The learned Single Judge of the Bombay High Court confirmed this order in Writ Petition No.8682 of 2011 on 07.08.2012. The appellant filed a Letters Patent Appeal before the Division Bench. The Division Bench, after hearing the parties, upheld the findings of the School Tribunal and the learned Single Judge. The Court held that under the Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977, and the Rules, seniority of teachers in aided private schools is determined by the date of acquiring the prescribed training qualification. Since the appellant was not qualified on the date of his appointment, his seniority must be counted from 21.05.1986, making him junior to Respondent No.4, who was qualified from the date of his appointment on 15.06.1987. The appeal was dismissed, and the order of the learned Single Judge was confirmed.
Headnote
A) Service Law - Seniority - Training Qualification - Date of Acquiring Qualification - Under the Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977 (MEPS Act) and the Rules framed thereunder, seniority of teachers in aided private schools is determined by the date of acquiring the prescribed training qualification, not by the date of initial appointment if the appointment was made without such qualification. The appellant, appointed on 15.06.1985 but acquiring B.Ed. on 21.05.1986, was held not senior to Respondent No.4, who was appointed on 15.06.1987 with B.Ed. already held. The School Tribunal and the learned Single Judge correctly held that the appellant's seniority must be reckoned from 21.05.1986, the date he acquired B.Ed. (Paras 4-6). B) Service Law - Promotion - Head Master - Eligibility - Seniority - The claim for promotion to the post of Head Master must be based on seniority determined in accordance with the rules. Since the appellant was not senior to Respondent No.4 as per the correct seniority list, his challenge to the promotion of Respondent No.4 was rightly rejected. The Letters Patent Appeal was dismissed. (Paras 7-8).
Issue of Consideration
Whether the appellant, who was appointed as an Assistant Teacher on 15.06.1985 but acquired B.Ed. qualification on 21.05.1986, is entitled to seniority over Respondent No.4, who was appointed on 15.06.1987 with B.Ed. qualification already held, for the purpose of promotion to the post of Head Master.
Final Decision
The Letters Patent Appeal is dismissed. The judgment and order of the learned Single Judge dated 07.08.2012 in Writ Petition No.8682 of 2011 is confirmed. No order as to costs.
Law Points
- Seniority of teachers in aided private schools is determined by the date of acquiring training qualification
- not by the date of initial appointment
- if the appointment was made without the requisite qualification
- Seniority list can be revised by the School Tribunal based on correct application of rules
- The burden of proof lies on the employee claiming seniority to establish that he was qualified on the date of appointment
