Disposed

Akhil Gondia Zilla Prathmik Shikshak Sangh, through Its Secretary v. Zilla Parishad, through Its Chief Executive Officer, Gondia and Another

Bombay HC6 Aug 2012WP/1589/2012

Case brief

AI extract

What is this about?

The High Court disposed of two writ petitions challenging the preparation of seniority lists for primary teachers. The Court permitted petitioners to raise objections before the Additional Commissioner and ordered the exercise to be completed within three months.

What did the court decide?

Permission granted to raise objections before the Additional Commissioner, who must complete the exercise within three months and permit teacher associations to intervene. No costs awarded.

Akhil Gondia Zilla Prathmik Shikshak Sangh… — Pension and Retirement Benefits | Bombay HC (2012)

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060812wpno.1589.12. 1

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR

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W.P.No. 1589 of 2012

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(AkhilGondia Zilla Prathmik Shikshak Sangh,Gondia vs. Z.P., Gondia & another)

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W.P.No. 2880 of 2012

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(Maharashtra Rajya Padvidhar Prathmik Shikshak Mahasangh vs. Zilla Parishad, Bhandara and another.)

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Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's or directions and Registrar's orders. Orders.

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Smt. Neeta Jog, Adv. For petitioners. Mr. A.Y.Kapgate,Adv. For R-1 in W.P.No.1589/12. Mrs. T.H.Khan, AGP for R-2.

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CORAM : S. C. DHARMADHIKARI &

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M. T. JOSHI, JJ. DATE : 6.8.2012

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The affidavit filed is taken on record.

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The grievance in the petitions is that the seniority lists

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are not prepared in terms of the Division Bench Judgment of this Court in the case of Vithal Madavi vs. Zilla Parishad, Chandrapur and others reported in 2006(2) Mh. L.J., 124 and subsequent directions.

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It is stated that on 16.8.2008, Zilla Parishad, Gondia has

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prepared a seniority list of the primary teachers and this is in terms

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060812wpno.1589.12. 2

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of the Judgment. However, there is a dispute as to whether this could be said to be a seniority list in terms of the Judgment because it should have been preceded by provisional seniority list to which objection could have been raised by the aggrieved parties. We are not required to deal with the cases of the individuals who have a claim to seniority inasmuch as we are of the opinion that this seniority list can be taken to be the one prepared by the Chief Executive Officer in terms of the Rules and now if there is any grievance with regard to the same, the said grievance can be redressed by the higher authority viz. Additional Commissioner, Gondia / Bhandara.

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Accordingly, we permit the petitioners to raise appropriate objections to this seniority list and point out the violation in terms of the Division Bench Judgment and the rules that are applicable to them. All such objections shall be considered by the Additional Commissioner, Gondia / Bhandara and he should also permit the association of the teachers before us to intervene and make submissions during the course of hearing. Let this exercise be completed by him within a period of 3 months from the date the parties appear before him. The parties shall appear before the Additional Commissioner, Gondia / Bhandara on 21.8.2012. All the contention of both sides are kept open.

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060812wpno.1589.12. 3

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Both the writ petitions are disposed of accordingly. No

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costs.

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Steno copy be given to the parties to act upon.

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JUDGE JUDGE

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patle

Akhil Gondia Zilla Prathmik Shikshak Sangh, through Its Secretary v. Zilla Parishad, through Its Chief Executive Officer, Gondia and Another

Case brief

What is this about?

What did the court decide?

Akhil Gondia Zilla Prathmik Shikshak Sangh, through Its Secretary v. Zilla Parishad, through Its Chief Executive Officer, Gondia and Another

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Statutes considered

Parties & counsel

Coram

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