Case Note & Summary
The case involves a dispute over seniority between two teachers, Smt. Nanda Haldankar (appellant) and Smt. Nalini Kulkarni (respondent, since deceased), at M & N English High School, run by Samaj Seva Sangh in Margao, Goa. The respondent filed Civil Suit No. 148/2004 seeking a declaration that she was senior to the appellant. The trial court decreed the suit in favor of the respondent. The appellant appealed. The High Court of Bombay at Goa dismissed the appeal, upholding the trial court's finding that the respondent's appointment as Assistant Teacher was approved by the Education Department on 1st July 1977, and she was paid from the grant-in-aid, whereas the appellant's appointment was not approved and she was not paid from the grant. The court held that seniority is determined by the date of approval of appointment, not the date of initial appointment. The appeal was dismissed with no order as to costs.
Headnote
A) Service Law - Seniority - Determination of Seniority - Approval of Appointment - The dispute pertains to seniority between two teachers in an aided school. The court held that seniority is determined by the date of approval of appointment by the Education Department, not by the date of initial appointment. The appellant's appointment was not approved and she was not paid from the grant-in-aid, whereas the respondent's appointment was approved and she was paid from the grant. Therefore, the respondent is senior to the appellant. (Paras 1-10) B) Civil Procedure - Res Judicata - Not Applicable - The court noted that the issue of seniority was not finally decided in earlier proceedings and the present suit was maintainable. (Paras 11-15)
Issue of Consideration
Whether the appellant Smt. Nanda Haldankar is entitled to seniority over the respondent Smt. Nalini Kulkarni in the M & N English High School, Margao, Goa.
Final Decision
The appeal is dismissed. The judgment and decree of the trial court are confirmed. No order as to costs.
Law Points
- Seniority of teachers in aided schools is determined by the date of approval of appointment by the Education Department
- not by the date of initial appointment
- a teacher whose appointment is not approved and who is not paid from the grant-in-aid cannot claim seniority over a teacher whose appointment is approved and who is paid from the grant.
