Case Note & Summary
The petitioner, Smt. Minakshi Prakash Akhare, joined as a Typist on 15/10/1984 in the Industrial Training Institute, Chandrapur. On 11/9/1989, she voluntarily opted for the post of Junior Clerk, which had a lower pay scale. Subsequently, on 26/11/1990, the State Government issued a Government Resolution creating a common cadre of Typist, Clerks and Junior Clerks with a uniform pay scale of Rs.950-1500, effective from 1/1/1986. Typists were given the option to join the common cadre, and failure to exercise the option also resulted in absorption. A combined seniority list was published in 2008. The petitioner objected, seeking seniority from her original date of joining as Typist (15/10/1984). Her representation was rejected on 24/1/2012. She then approached the Maharashtra Administrative Tribunal in Original Application No.714/2012, which was dismissed on 19/8/2013. The present writ petition challenges that dismissal. The petitioner argued that the Government Resolution was intended to remedy the plight of Typists, and had it been in existence earlier, she would not have been forced to shift to Junior Clerk. The respondents contended that the petitioner voluntarily opted for Junior Clerk before the policy, and the policy was prospective. The court held that the petitioner's shift was voluntary and prior to the creation of the common cadre. The Government Resolution did not force her to shift; she had already left the Typist cadre. Therefore, she cannot claim seniority from her initial appointment as Typist. The writ petition was dismissed.
Headnote
A) Service Law - Seniority - Common Cadre - Voluntary Shift - Petitioner voluntarily opted for Junior Clerk post before creation of common cadre of Typists and Clerks - Government Resolution dated 26/11/1990 created common cadre with effect from 1/1/1986 - Petitioner's shift was prior to the policy and not forced by it - Held that petitioner cannot claim seniority from date of joining as Typist as she voluntarily left that cadre (Paras 3-6).
Issue of Consideration
Whether the petitioner, who voluntarily opted for the post of Junior Clerk before the creation of a common cadre of Typists and Clerks, is entitled to claim seniority from the date of her initial appointment as Typist.
Final Decision
Writ petition dismissed. No order as to costs.
Law Points
- Seniority in common cadre
- Voluntary shift to lower post
- Government Resolution creating common cadre
- Prospective operation of policy
- No retrospective effect
Case Details
2014 LawText (BOM) (02) 171
Writ Petition No.6132/2013
B.P. Dharmadhikari, Z.A. Haq
R.R. Shrivastava for petitioner, A.S. Fulzele for respondents
Smt. Minakshi Prakash Akhare
The State of Maharashtra, The Director, Vocational Education and Training, The Joint Director, Vocational Education and Training, The Principal, Industrial Training Institute, Chandrapur
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Nature of Litigation
Writ petition challenging rejection of seniority claim by Maharashtra Administrative Tribunal
Remedy Sought
Petitioner sought seniority from date of joining as Typist (15/10/1984) instead of date of joining as Junior Clerk
Filing Reason
Petitioner's representation for seniority was rejected on 24/1/2012 and Original Application No.714/2012 was dismissed on 19/8/2013
Previous Decisions
Maharashtra Administrative Tribunal dismissed Original Application No.714/2012 on 19/8/2013
Issues
Whether the petitioner is entitled to seniority from the date of her initial appointment as Typist despite voluntarily opting for Junior Clerk before creation of common cadre
Submissions/Arguments
Petitioner argued that the Government Resolution of 26/11/1990 was intended to remedy the plight of Typists and had it been in existence earlier, she would not have been forced to shift to Junior Clerk
Respondents argued that the petitioner voluntarily opted for Junior Clerk before the policy and the policy was prospective
Ratio Decidendi
A government servant who voluntarily shifts to a lower post before the creation of a common cadre cannot claim seniority from the date of original appointment in the higher post, as the shift was not forced by the subsequent policy.
Judgment Excerpts
Had that policy been in existence on 9/10/1989, the petitioner would not have been required to opt for the post of Junior Clerk.
The petitioner voluntarily opted for the post of Junior Clerk on 11/9/1989. The Government Resolution came into existence on 26/11/1990. Therefore, the petitioner cannot claim that she was forced to shift to the post of Junior Clerk because of the policy.
Procedural History
Petitioner joined as Typist on 15/10/1984. On 11/9/1989, she voluntarily opted for Junior Clerk. Government Resolution dated 26/11/1990 created common cadre effective from 1/1/1986. Combined seniority list published in 2008. Petitioner's representation rejected on 24/1/2012. She filed Original Application No.714/2012 before Maharashtra Administrative Tribunal, which was dismissed on 19/8/2013. Present writ petition filed on 25/2/2014.
