: 1 : wp.700.2011 vss IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.700 OF 2011 Smita Chandrakant Kachare .. Petitioner V/s. State of Maharashtra & Ors. .. Respondents Mr.A.M. Joshi for the Petitioner Mrs.S.S. Bhende, AGP, for the Respondent State Mr.V.A. Madane for Resp. Nos.4 to 6, 8 and 9 CORAM: B.H. MARLAPALLE & SMT.NISHITA MHATRE, JJ. DATED: NOVEMBER 14, 2011 P.C.: 1. Heard Mr.Joshi, learned Counsel for the petitioner who had approached us in the earlier round in Writ Petition No.3798 of 2010 and had challenged the seniority list of assistant teachers published by administrative officer of Municipal Council Education Board, Khopoli on 21.4.2010. As per order dated 28.6.2010, the said petition was disposed off by granting liberty to the petitioner to make a representation to the administrative officer who in turn was directed to hear the petition and decide the representation on its own merits by following the principles of natural justice, within a period of three : 2 : wp.700.2011 months. 2. Accordingly, the petitioner submitted her representations on 10.7.2010 and the same has been rejected by the impugned order dated 11.10.2010. 3. It appears that the petitioner had taken objection to the following teachers having been shown senior to her in the seniority list dated 21.4.2010: i) Shri Devidas Pundlik Mhatre; ii) Shri Harischandrabhau Mhatre iii) Shri Poshinath H. Patil; iv) Smt.Kokila B. Mangale; and v) Shri Bhagwan Nagu Patil 1. All the above-mentioned five teachers were impleaded as respondents in this petition but Shri Poshinath Patil died during the pendency of this petition and, therefore, his name (Respondent No.7) came to be deleted. 2. It was submitted by Mr.Joshi that all the above mentioned five teachers had given their consent, after they were brought to the schools within the municipal council area on deputation and, therefore, they : 3 : wp.700.2011 were required to be treated as the teachers who had applied for being absorbed in the schools within the municipal council area. 3. Mr.Joshi further urged that by treating the respondent teachers as those who had on their own sought absorption in the schools within the municipal area are covered by the Government Resolution dated 9.9.1986 and as per the said G.R., the service rendered by the Zilla Parishad prior to the date of absorption is not required to be countered or allowed to be countered for the purpose of seniority after absorption in the schools in the municipal area. The G.R. dated 9.9.1986 reads as under: “‘kklu fu.kZ; %& uxjikfydsP;k gÌhr ok< >kY;kuarj] vFkok uxjikfydsps egkuxjikfydsr :ikarj >kY;kuarj] ok<ho {ks+=kar vlysY;k xkaokrhy ftYgk ifj"kn izkFkfed ‘kkGk R;kar dke dj.kk&;k izkFkfed f’k{kdkalg uxjikfydsdMs vFkok egkuxjikfydsdMs gLrkarjhr gksrkr- v’kk izdkjkar uxjikfydsP;k vFkok egkuxjikfydsP;k lsosrwu oxZ >kY;kuarj] ;k izkFkfed f’k{kdkaph ftYgk ifj"knsdMhy lsok] T;s"BrslkBh xzkg; /kjkoh fdaok dls gk iz’u dkgh dkG ‘kklukP;k fopkjk/khu gksrk- ;k iz’ukckcr lkdY;kus fopkj d:u ‘kklu vkrk vls vkns’k nsr vkgs dh] ‘kkldh; /kksj.kkuqlkj uxjikfydsP;k gÌhr ok< >kY;keqGs] vFkok uxjikfydsps egkuxjikfydsr :ikarj >kY;keqGs] ok<ho {ks=krhy T;k ftYgk ifj"kn izkFkfed f’k{kdkaps uxjikfydsP;k@egkuxj ikfydsP;k lsosr ßfu;ekuqlkjÞ oxhZdj.k gksrs] v’kk izkFkfed f’k{kdkaph T;s"Brk fuf’pr dj.;klkBh R;kaph ftYgk ifj"knsdMhy lyx lsosph ewG rkjh[k y{kkr ?ks.;kar ;koh- rFkkih] ok<ho {ks=keqGs uxjikfydsdMs @egkuxjikfydsdMs gks.kkjs oxhZdj.k oxGrk] T;k izkFkfed f’k{kdkaps uxjikfydsP;k@ egkuxjikfydsP;k lsosr ßLosPNsusÞ oxhZdj.k gksrs v’kk izkFkfed f’k{kdkaph ts"Brk Bjforkauk] ftYgk ifj"knsdMhy ekxhy lsospk R;kauk ykHk nsÅ u;s- 2- ;kiwohZ ‘kklu fu.kZ;] f’k{k.k o lsok;kstu foHkkx dzekad ,e,lch 1084@23848@[1054] izkf’k&3] fnukad 15-12-1984 o ‘kq/nhi= dzekad ,e,lch 1084@23848@[1054] izkf’k&3] fnukad 17-1-1985 }kjs dk<ysys ‘kkldh; vkns’k jÌ dj.;kar ;sr vkgsr-” : 4 : wp.700.2011 4. It is clear from the order passed by the Chief Executive Officer Kulaba Zilla Parishad on 2.2.1980 that in all 28 primary school teachers were on deputation with the Khopoli Municipal Council and 15 of them had submitted their consent for being absorbed with the Education Board of the Municipal Council. The Municipal Council by its resolution No.56 dated 17.5.1977 and resolution No.216 dated 5.2.1979 had accepted the consent so furnished and resolved to absorb him with the Education Board of the Municipal Council. The above mentioned five teachers undoubtedly are from amongst those 15 teachers who have been absorbed after they furnished their consent letters. Mr.Joshi's contention that these five teachers be treated as teachers who applied on their own for being absorbed with the Education Board of the Municipal Council cannot be accepted and, therefore, they are not covered in the second part of the G.R. dated 9.9.1986. The Administrative Officer has rightly counted their seniority from the date of their initial appointment with the Zilla Parishad. 5. Hence, this petition must fail at the threshold and the same is hereby rejected summarily. (SMT.NISHITA MHATRE, J.) (B.H. MARLAPALLE, J.)