Case Note & Summary
The Letters Patent Appeals arose from the dismissal of a writ petition by a Single Judge. The appellant management, an educational institution managing four schools, challenged promotions of certain teachers as Head Masters. The contesting respondent, a teacher, had filed an appeal before the School Tribunal alleging that the management had not prepared a combined seniority list, leading to supersession of senior teachers including himself. He claimed to be senior to the promoted teachers and sought promotion with retrospective effect. The management filed a writ petition which was dismissed, prompting the LPAs. The High Court admitted the appeals and heard them finally with consent of parties. The judgment text provided ends before stating the court's decision on the appeals.
Headnote
A) Service Law - Seniority and Promotion - Requirement of Combined Seniority List - Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977 - The management of four schools under same trust allegedly did not maintain a common seniority list, affecting promotional rights of teachers. The dispute raised question of whether promotion of junior teachers to Head Master was valid without such list. (Paras 5-12).
Issue of Consideration
LETTERS PATENT APPEAL NO.395 2011
