Case Note & Summary
The Petitioner, filed a Writ Petition under Article 226 of the Constitution of India seeking directions to count his seniority as a Shikshan Sevak from 1 June 2010, the date of the Common Entrance Test result declaration, and to adjust his salary accordingly. He argued that a mistake in checking his answer-sheet by the Education Department delayed his appointment by four years, and he should not be penalized for the Respondents' error. The Respondents opposed, stating the Petitioner had no vested right to appointment from 2010 and that there was delay in raising the grievance. The High Court, after hearing arguments and reviewing the record, dismissed the Petition. It held that the Petitioner's appointment was only effective from 11 August 2014, and seniority as an Assistant Teacher accrues from the date of original appointment as a Shikshan Sevak. The Court noted that the Petitioner raised his grievance only after a Grievance Committee was constituted in July 2011, and no relief could be granted due to the delay and absence of a vested right.
Headnote
The High Court of Judicature at Bombay, in its Civil Appellate Jurisdiction, heard a Writ Petition filed under Article 226 of the Constitution of India -- The Petitioner sought directions for the Respondent Municipal Commissioner to count his seniority from 1 June 2010, the date of the Common Entrance Test result declaration, and adjust his salary accordingly -- The Petitioner argued that a mistake in checking his answer-sheet by the Education Department caused a four-year delay in his appointment, and he should not suffer for the Respondents' error -- The Respondents contended that the Petitioner had no vested right to appointment from the claimed date and that there was delay in raising the grievance -- The Court held that the Petitioner's appointment as a Shikshan Sevak was only effective from 11 August 2014, and seniority as an Assistant Teacher accrues from the date of original appointment as a Shikshan Sevak -- The Petition was dismissed, emphasizing that the Petitioner's grievance was raised only after the constitution of a Grievance Committee in July 2011, and no relief could be granted due to the delay and lack of vested right
Premium Content
The Headnote is only available to subscribed members.
Subscribe Now
to access key legal points
Issue of Consideration: The Issue of whether the Petitioner is entitled to have his seniority counted from the date of the declaration of the Common Entrance Test result in 2010 and receive corresponding salary adjustments, despite his appointment being delayed due to a mistake in checking his answer-sheet
Premium Content
The Issue of Consideration is only available to subscribed members.
Subscribe Now
to access critical case issues
Final Decision
The High Court dismissed the Writ Petition, holding that the Petitioner's appointment was effective from 11 August 2014, and no relief could be granted for seniority or salary adjustments from 2010 due to delay and lack of vested right
2026 LawText (BOM) (02) 13
Writ Petition No. 948 of 2017
M. S. Karnik J. , S. M. Modak J.
Not available in judgment
Mr. A. A. Maniyar for Petitioner, Smt. M. S. Bane, AGP for Respondent Nos.1 to 4, Mr. Narayan Bubna for Respondent No.5
The State of Maharashtra, The Director of Education (Primary), Government of Maharashtra, The Commissioner, Examination Council, Maharashtra State, The Education Commissioner, Balbharti, Municipal Commissioner, Bhiwandi Nizampur City Municipal Corporation, Head Master, Bhiwandi Nizampur City Municipal Corporation Urdu School No.101
Premium Content
The Indexes are only available to subscribed members.
Subscribe Now
to access critical case indexes
Nature of Litigation: Writ Petition under Article 226 of the Constitution of India seeking directions for seniority and salary adjustments
Remedy Sought
The Petitioner asked the court to direct the Respondent Municipal Commissioner to count his seniority from 1 June 2010 and pay salary as per the applicable scale
Filing Reason
The Petitioner believed he lost four years of seniority due to a mistake in checking his answer-sheet by the Education Department
Previous Decisions
Writ Petition No.1829 of 2011 led to the constitution of a Grievance Committee; the Petitioner's grievance was addressed, and revised results were published on 25 September 2012, leading to his appointment on 11 August 2014
Issues
Whether the Petitioner is entitled to have his seniority counted from the date of the Common Entrance Test result declaration in 2010
Whether the Petitioner should receive salary adjustments based on the claimed seniority date
Submissions/Arguments
The Petitioner argued that he should not suffer for the Respondents' mistake in checking his answer-sheet, which caused a four-year delay in appointment
The Respondents contended that the Petitioner had no vested right to appointment from 2010 and that there was delay in raising the grievance
Ratio Decidendi
Seniority as an Assistant Teacher accrues from the date of original appointment as a Shikshan Sevak; a Petitioner cannot claim seniority from an earlier date based on a mistake by the Respondents if there is delay in raising the grievance and no vested right exists
Judgment Excerpts
The Petitioner seeks direction to the Respondent No.5 to count the seniority of the Petitioner from the date of the declaration of the result of Common Entrance Test dated 1 st June 2010 and pay the salary as per the scale applicable
It is the grievance of learned counsel for the Petitioner that he lost a total period of 4 years on account of mistake made in checking his answer-sheet by the Education Department
Learned AGP and learned counsel for the Corporation submitted that the Petition be dismissed as the Petitioner has no vested right to be appointed from the date claimed by him
The Court held that the Petitioner's appointment as a Shikshan Sevak was only effective from 11 August 2014, and seniority as an Assistant Teacher accrues from the date of original appointment as a Shikshan Sevak
Procedural History
The Petitioner applied for Common Entrance Test on 2 May 2010; results declared on 1 June 2010 showed he scored below cut-off -- Writ Petition No.1829 of 2011 filed by another candidate led to constitution of Grievance Committee on 22 July 2011 -- Petitioner filed grievance; revised results published on 25 September 2012 showed he scored above cut-off -- Petitioner interviewed and appointed on 11 August 2014 -- Petitioner sent representations in 2015 and 2016 regarding seniority -- Filed Writ Petition No.948 of 2017 -- High Court heard arguments and dismissed Petition on 3 February 2026
Premium Content
The Indexes are only available to subscribed members.
Subscribe Now
to access critical case indexes
