Case Note & Summary
The petitioner, Mohammad Abdul Quadeer, a primary school teacher with D.Ed. qualification acquired on 16.6.2001, was appointed as Shikshan Sevak on 19.11.2001. The Zilla Parishad introduced a scheme to upgrade D.Ed. holders to secondary school teachers. The Government Circular dated 21.5.2004 provides that seniority for such promotion is determined by the date of acquiring D.Ed. qualification, and if multiple teachers acquire it on the same date, seniority is based on appointment date. The petitioner's name appeared at Sr. No.16 in the seniority list of English teachers, while Shri Parshuram Bapurao Jadhav at Sr. No.15 acquired B.Ed. on 14.8.2001, after the petitioner's D.Ed. date. The petitioner was promoted on 22.2.2008 instead of 22.8.2006. The Chief Executive Officer forwarded a proposal on 11.7.2013 recommending promotion from 22.8.2006, but the Divisional Commissioner rejected it on 27.3.2014. The court considered the submissions and the Government Circular, and held that the petitioner was entitled to promotion from 22.8.2006. The impugned order was quashed, and the respondents were directed to grant promotion from that date with consequential benefits within three months.
Headnote
A) Service Law - Promotion - Seniority - Date of Acquiring Qualification - Government Circular dated 21.5.2004 mandates that the date of acquiring D.Ed. qualification is the crucial date for deciding seniority of teachers for promotion from primary to secondary school. The petitioner acquired D.Ed. on 16.6.2001, earlier than others, and was entitled to promotion from 22.8.2006 instead of 22.2.2008. Held that the impugned order rejecting the proposal for promotion from 22.8.2006 is quashed and set aside (Paras 4-8).
Issue of Consideration
Whether the petitioner is entitled to promotion as Secondary School Teacher from 22.8.2006 based on his seniority determined by the date of acquiring D.Ed. qualification as per Government Circular dated 21.5.2004.
Final Decision
The petition is allowed. The impugned order dated 27.3.2014 is quashed and set aside. The respondents are directed to grant promotion to the petitioner as Secondary School Teacher from 22.8.2006 with all consequential benefits within three months.
Law Points
- Seniority for promotion from primary to secondary teacher is determined by date of acquiring D.Ed. qualification
- Government Circular dated 21.5.2004
- promotion effective from date of eligibility
Case Details
2015 LawText (BOM) (12) 14
WRIT PETITION NO. 10120 OF 2014
Shri S.R.Choukidar h/f Shri H.S.Bali for Petitioner, Shri D.R.Korde AGP for Respondents 1 & 2, Shri S.B.Pulkundwar for Respondents 3 & 4
Mohammad Abdul Quadeer S/o Mohammad Abdul Khalil
The State of Maharashtra, Divisional Commissioner, Chief Executive Officer Zilla Parishad Nanded, Education Officer (Primary) Zilla Parishad Nanded
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Nature of Litigation
Writ petition challenging order rejecting promotion proposal
Remedy Sought
Petitioner seeks quashing of order dated 27.3.2014 and direction for promotion from 22.8.2006 with consequential benefits
Filing Reason
Petitioner aggrieved by rejection of his promotion proposal by Divisional Commissioner
Previous Decisions
Order dated 27.3.2014 by respondent No.2 rejecting the proposal for promotion from 22.8.2006
Issues
Whether the petitioner is entitled to promotion as Secondary School Teacher from 22.8.2006 based on seniority determined by date of acquiring D.Ed. qualification as per Government Circular dated 21.5.2004.
Submissions/Arguments
Petitioner acquired D.Ed. on 16.6.2001, appointed as Shikshan Sevak on 19.11.2001, Government Circular dated 21.5.2004 mandates seniority based on D.Ed. date, petitioner senior to others, promoted on 22.2.2008 instead of 22.8.2006, CEO proposed promotion from 22.8.2006 but rejected by Divisional Commissioner.
Ratio Decidendi
Seniority for promotion from primary to secondary school teacher is determined by the date of acquiring D.Ed. qualification as per Government Circular dated 21.5.2004. The petitioner acquired D.Ed. on 16.6.2001, earlier than others, and was entitled to promotion from 22.8.2006.
Judgment Excerpts
The petitioner is aggrieved by the order dated 27.3.2014, delivered by respondent No.2 by which, the contention of the petitioner and the proposal of respondent No.3 indicating that the petitioner is entitled for promotion as a Secondary School Teacher from 22.8.2006, has been rejected.
Government Circular dated 21.5.2004 mandates that the date of acquiring D.Ed. qualifications shall be the crucial date for deciding the seniority of such Teachers.
Procedural History
Petitioner filed Writ Petition No. 10120 of 2014 in the High Court of Bombay Bench at Aurangabad challenging order dated 27.3.2014 passed by Divisional Commissioner, Aurangabad. Rule was issued and petition taken up for final disposal by consent.
