Kalpana Mahadev Pise vs the Education Officer (Secondary) Pune Zilla Parishad, Edu. Dept. (Secondary) and Ors. — Bombay HC (2025) — LawSathi Research

Kalpana Mahadev Pise vs the Education Officer (Secondary) Pune Zilla Parishad, Edu. Dept. (Secondary) and Ors. — Bombay HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Impugned order dated 13 February 2024 of the Education Officer set aside; proceedings restored before the Education Officer for a fresh decision on the seniority dispute in light of the notification dated 28 January 2025 read with the notification dated 24 March 2023, preferably within three months; all contentions on merits kept open; Respondent No.4 to continue signing powers during pendency; parties to appear before the Education Officer on 24 February 2025.

Issue for consideration

Whether the seniority dispute between the Petitioner and contesting Respondents (Respondent Nos. 4 to 9) requires fresh adjudication in view of the guidelines in the notification dated 28 January 2025, and what directions should govern the fresh decision before the Education Officer.

Court's answer

In the Court's view, the seniority dispute between the Petitioner and contesting Respondents needs to be adjudicated afresh in view of the guidelines in the notification dated 28 January 2025.

Ratio / Principle

Order dated 13 February 2024 passed by the Education Officer is set aside and the proceedings are restored before the Education Officer.

Key takeaways

The Education Officer shall take a fresh decision in the seniority dispute between the Petitioner and contesting Respondents by considering the notification dated 28 January 2025 read with the notification dated 24 March 2023; all contentions of parties on merits are expressly kept open.ratio¶¶17
Since the post of head master is lying vacant, the Education Officer is requested to take the fresh decision expeditiously, preferably within a period of three months; parties shall appear before the Education Officer on 24 February 2025 for fixation of the date of hearing.ratio¶¶17

Detailed headnote1 paragraphs

Writ Petition disposed of. The Petitioner challenged the order dated 13 February 2024 of the Education Officer (Secondary), Pune Zilla Parishad, adjudicating the seniority dispute qua the Petitioner and Respondent Nos. 4 to 9. After the impugned order, notification dated 28 January 2025 was issued providing guidelines for determination of seniority of teachers in group 'C'. Holding that the seniority dispute needs to be adjudicated afresh under those guidelines, the Court (Sandeep V. Marne, J.) set aside the impugned order and restored the proceedings before the Education Officer for a fresh decision by considering the notification dated 28 January 2025 read with the notification dated 24 March 2023, expressly keeping all contentions of the parties on merits open. Since the post of head master was lying vacant, the Education Officer was requested to take the fresh decision expeditiously, preferably within three months; the parties were directed to appear before the Education Officer on 24 February 2025; and, during pendency, Respondent No.4 was to continue to have signing powers for running the day-to-day affairs of the school.

Sonali Mane

40-WP-3935-2024.docx

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION

WRIT PETITION NO. 3935 OF 2024

Kalpana Mahadev Pise … Petitioner Versus

The Education Officer (Secondary) Pune Zilla Parishad, Edu. Dept. (Secondary) And Ors … Respondents

Mr. Yatin Malvankar for the Petitioner. Mrs. V. S. Nimbalkar, AGP for Respondent/State. Ms. Madhavi M. Tavanandi for Respondent Nos. 2 & 3. Ms. Ranjana Todankar, for Respondent Nos. 4 & 5.

CORAM : SANDEEP V. MARNE, J. DATE : 12 FEBRUARY 2025.

P.C. :

The Petition challenges order dated 13 February 2024 passed by the Education Officer (Secondary), Pune Zilla Parishad, Pune adjudicating his seniority dispute qua Petitioner and Respondent Nos. 4 to 9.

MANE SONALI DILIP

Digitally signed byMANE SONALI DILIP Date: 2025.02.15 11:16:54 +0530

It appears that after passing of the impugned order dated 13 February 2024 notification dated 28 January 2025 is issued providing for various guidelines in the matter of determination of seniority of teachers in group ‘C’. In my view, the seniority dispute between the Petitioner and contesting Respondents needs to be adjudicated afresh in view of the guidelines in the notification dated 28 January 2025.

___Page No.1 of 2 ___ 12 February 2025

Sonali Mane

40-WP-3935-2024.docx

Accordingly order dated 13 February 2024 passed by the Education Officer is set aside and the proceedings are restored before the Education Officer, who shall take fresh decision in the seniority dispute between Petitioner and contesting Respondents by considering the notification dated 28 January 2025 read with the notification dated 24 March 2023. All contentions of parties on merits are expressly kept open. Considering the fact that the post of head master is lying vacant, the Education Officer is requested to take fresh decision in an expeditious manner preferably within a period three months. Parties shall appear before the Education Officer on 24 February 2025 and obtain further directions for fixation of date of hearing. During pendency of the proceedings before the Education Officer, Respondent No.4 shall continue to have the signing powers for running the day to day affairs of the school.

1. With the above directions, the Writ Petition is disposed

of.

[SANDEEP V. MARNE, J.]

___Page No.2 of 2 ___ 12 February 2025