Case Note & Summary
The petitioner, Shri Sumersing Ganpatsingh Pardeshi, filed a writ petition under Article 227 of the Constitution challenging the Judgment and Order dated 18/9/1991 passed by the School Tribunal, Pune Region, which dismissed his Appeal No.35 of 1989. The appeal challenged the promotion of respondent no.2 to the post of Head Master of Mahatma Gandhi High School, Karmala with effect from 22/2/1989. During the pendency of the petition, the petitioner retired on 31/7/2000 and respondent no.2 retired on 31/7/1997. The post of Head Master was subsequently occupied by a new incumbent appointed as per the Rules. The petitioner's claim for promotion was not considered until his retirement. The court noted that the dispute had become infructuous as both parties had superannuated and the post was filled by a new person. Consequently, the court dismissed the petition, making no order as to costs.
Headnote
A) Service Law - Promotion - Infructuous Petition - Petitioner challenged promotion of respondent no.2 to Head Master - Both parties retired during pendency of petition - Post occupied by new incumbent - Held that the petition has become infructuous and is dismissed (Paras 2-3).
Issue of Consideration
Whether the petition challenging promotion to the post of Head Master survives when both the petitioner and the promoted respondent have retired and the post is occupied by a new incumbent.
Final Decision
The petition is dismissed as having become infructuous. No order as to costs.
Law Points
- Superannuation renders service dispute infructuous
- Article 227 of the Constitution
- School Tribunal appeal
Case Details
2006 LawText (BOM) (08) 88
Writ Petition No. 880 of 1992
Mr. A.M. Joshi and Mr. P.D. Ghuge for petitioner; Mr. Rahul Nerlekar h/f Mr. K.Y. Mandlik for respondent no.1; Mr. P.D. Pise h/f Ms. A.R.S. Baxi for respondent no.2; Mr. A.M. Kulkarni h/f Mr. A.A. Kumbhakoni for respondent nos.7, 10, 11 and 12
Shri Sumersing Ganpatsingh Pardeshi
Karmala Taluka Education Society, Karmala, and ors.
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Nature of Litigation
Writ petition under Article 227 challenging School Tribunal order dismissing appeal against promotion.
Remedy Sought
Petitioner sought to quash the promotion of respondent no.2 to Head Master.
Filing Reason
Petitioner's appeal against promotion was dismissed by School Tribunal.
Previous Decisions
School Tribunal, Pune Region dismissed Appeal No.35 of 1989 on 18/9/1991.
Issues
Whether the petition challenging promotion to Head Master survives after both parties have retired and the post is filled by a new incumbent.
Submissions/Arguments
Petitioner argued that his seniority was ignored and he was denied promotion. Respondent no.2 retired during pendency. Both parties superannuated.
Ratio Decidendi
A service dispute regarding promotion becomes infructuous when both the claimant and the promoted employee have retired and the post is occupied by a new incumbent, as no effective relief can be granted.
Judgment Excerpts
This petition assails the Judgment and Order dated 18/9/1991 passed by the School Tribunal, Pune Region, thereby dismissing Appeal No.35 of 1989 filed by the petitioner challenging the promotion of the present respondent no.2 to the post of Head Master of Mahatma Gandhi High School, Karmala with effect from 22/2/1989.
Admittedly, during the pendency of this petition, the petitioner has retired on 31/7/2000 and the respondent no.2 on 31/7/1997.
The post of Head Master, as at present, is occupied by a new incumbent appointed as per the Rules and though the petitioner was in service as on 31/7/1997, his claim for promotion to the post of Head Master was not considered till he retired.
Procedural History
Petitioner filed Appeal No.35 of 1989 before School Tribunal, Pune Region challenging promotion of respondent no.2. Tribunal dismissed appeal on 18/9/1991. Petitioner then filed Writ Petition No.880 of 1992 under Article 227 before Bombay High Court. During pendency, petitioner retired on 31/7/2000 and respondent no.2 retired on 31/7/1997. Post of Head Master filled by new incumbent. Court dismissed petition as infructuous on 30/8/2006.
Acts & Sections
- Constitution of India: Article 227
