Case Note & Summary
The petitioner, Mhasu Raghunath Avhad, filed a writ petition seeking a direction to the respondents (State of Maharashtra and others) to implement the decision of the Deputy Director of Education, which was passed pursuant to an order dated 15/10/2008 of the High Court. The petitioner was appointed as an Assistant Teacher on 01/07/1994 and possessed the requisite B.Ed. qualification with Economics as main subject and Marathi and Geography as general subjects. However, his proposal for approval was not forwarded by the management, whereas 13 trained teachers appointed after him had their proposals forwarded and approved. The Deputy Director of Education, after considering the matter, directed that the petitioner is entitled to be absorbed from the date on which a post in the Cadre of Trained Graduate Teachers becomes available. The petitioner sought implementation of this direction. The High Court, after hearing the parties, found that the Deputy Director's order was clear and required implementation. The court directed the respondents to implement the said order within four weeks from the date of the order. The petition was disposed of accordingly.
Headnote
A) Service Law - Absorption of Teachers - Implementation of Administrative Order - The petitioner, appointed as Assistant Teacher on 01/07/1994 with B.Ed. qualification, was not forwarded for approval while 13 later-appointed trained teachers were approved. The Deputy Director of Education directed his absorption from the date a post in the Trained Graduate Teachers cadre is available. The High Court directed the respondents to implement the said order within four weeks. (Paras 1-5)
Issue of Consideration
Whether the respondents are bound to implement the decision of the Deputy Director of Education dated 15/10/2008, which directed the petitioner's absorption from the date a post in the Trained Graduate Teachers cadre becomes available.
Final Decision
The High Court directed the respondents to implement the decision of the Deputy Director of Education dated 15/10/2008 within four weeks from the date of the order. The petition was disposed of.
Law Points
- Implementation of administrative orders
- Absorption of teachers
- Educational qualifications
- B.Ed. requirement
Case Details
2018 LawText (BOM) (04) 32
WRIT PETITION NO.2658 OF 2012
B. R. Gavai, Smt. Bharati H. Dangre
Mr. Shaikh Nasir Masih a/w Mr. Vishal K. Jagwani i/by M/s. Shaikh Nasir Masih & Associates for Petitioner; Ms. Uma Palsuledesai, AGP for Respondent Nos.1 to 3 – State; Mr. Siddhartha R. Ronghe a/w Mr. R. A. Naik for Respondent Nos.4 and 5
State of Maharashtra through Secretary School Education Department and others
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Nature of Litigation
Writ petition seeking direction to implement an administrative order regarding absorption of a teacher.
Remedy Sought
Direction to respondents to implement the decision of the Deputy Director of Education dated 15/10/2008.
Filing Reason
The petitioner's proposal for approval as Assistant Teacher was not forwarded despite his appointment on 01/07/1994 and possession of B.Ed. qualification, while later-appointed teachers were approved.
Previous Decisions
The Deputy Director of Education, by order dated 15/10/2008, directed that the petitioner is entitled to be absorbed from the date a post in the Cadre of Trained Graduate Teachers becomes available.
Issues
Whether the respondents are bound to implement the Deputy Director's order dated 15/10/2008?
Submissions/Arguments
Petitioner argued that his proposal was not forwarded despite being appointed earlier and possessing B.Ed. qualification.
Respondents did not contest the implementation of the order.
Ratio Decidendi
The Deputy Director's order, being a valid administrative direction, must be implemented by the respondents. The petitioner's entitlement to absorption from the date a post becomes available in the Trained Graduate Teachers cadre is affirmed.
Judgment Excerpts
The Deputy Director of Education considered the entire issue and directed that the Petitioner is entitled to be absorbed from the date on which the post in the Cadre of Trained Graduate Teachers is available.
In view of the above, the Respondents are directed to implement the decision of the Deputy Director of Education dated 15/10/2008 within four weeks from today.
Procedural History
The petitioner filed Writ Petition No.2658 of 2012 seeking implementation of the Deputy Director's order dated 15/10/2008. The High Court heard the matter and disposed it on 19/04/2018.
