Bombay High Court
Sunil Vilasrao Patil vs Shri Swami Vivekanand Shikshan Sanstha on 13 July, 2010
Author: R.M.Savant
Bench: P.B.Majmudar, R.M.Savant
1 WP 1477 of 2002
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO.1477 of 2002
Sunil Vilasrao Patil,
Aged 33 yrs., Occu - Service,
R/o At & Post Kalomwadi,
Tal. Walva, Dist. Sangli. ..... Petitioner
V/s.
1. Shri Swami Vivekanand Shikshan Sanstha,
An education trust and a society
registered under the Societies Registration Act,
having office at 204/E,
Tarabai Park, Kolhapur,
through the Joint Secretary (Administrative),
having its office at same address.
2. The Head Master,
Swami Vivekanand Shikshan Sanstha's
Night High School, Ichalkaranji,
Near Shivaji Nagar Police Station,
Ichalkaranji, Tal. Hatkangale, Dist. Kolhapur.
3. The Educatioin Officer (Secondary),
Zilla Parishad, Kolhapur.
4. The State of Maharashtra,
(Copies of respondent No.3 and 4 to be served
on the Addl. Govt. Pleader, Writ Cell,
Appellate Side, High Court, Mumbai). ..... Respondents
WITH
WRIT PETITION NO.1923 OF 2002
Vijaykumar Sadashiv Nimbalkar,
Aged Adult, Occu - Service,
Permanent address at and Post Bidal,
Tal. Man, Dist. Satara. ..... Petitioner
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2 WP 1477 of 2002
V/s.
1. Shri Swami Vivekanand Shikshan Sanstha,
An education trust and a society
registered under the Societies Registration Act,
having office at 204/E,
Tarabai Park, Kolhapur,
through the Joint Secretary (Administrative),
having its office at same address.
2. The Head Master,
Swami Vivekanand Shikshan Sanstha's
Night High School, Ichalkaranji,
Near Shivaji Nagar Police Station,
Ichalkaranji, Tal. Hatkangale, Dist. Kolhapur.
3. The Educatioin Officer (Secondary),
Zilla Parishad, Kolhapur.
4. The State of Maharashtra,
(Copies of respondent No.3 and 4 to be served
on the Addl. Govt. Pleader, Writ Cell,
Appellate Side, High Court, Mumbai). ..... Respondents
Mr.S.P.Kadam, for the petitioner in both the writ petitions.
Mr.P.D.Dalvi, for respondent No.1 in both the writ petitions.
Mr.A.B.Vagyani, AGP, for respondent Nos.3 and 4 in both the writ petitions.
CORAM : P.B.MAJMUDAR &
R.M.SAVANT, JJ.
DATE : 13th July, 2010
ORAL JUDGMENT : (PER R.M.SAVANT, J.) :-
1. The above petitions have been filed by the teachers who are working in the various night schools run by the respondent No.1 ::: Downloaded on - 09/06/2013 16:08:15 ::: 3 WP 1477 of 2002 Management. The petitioners by way of the above petitions are inter alia claiming directions against respondent No.1 Management to the effect that they be given appointment as full time Assistant Teachers with effect from the date of their first appointment i.e. 26-11-1990 or from such other date as this Court deems fit.
2. Shorn of unnecessary details, few facts can be stated which are necessary for adjudication of the above petitions. As indicated herein above, the petitioners are working as an Assistant Teachers in the night schools run by the respondent No.1 Management. The petitioners have been so appointed in the night schools from the year 1995 till 1996 or thereabouts.
3. It is the case of the petitioners that some other teachers, who are similarly placed, have been given appointment as full time assistant teachers in the secondary schools run by respondent No.1 management. In support of their case, the petitioners have relied upon a Government decision as contained in the Government Resolution dated 16-05-1983 and Government Resolution issued thereafter, on 31-01-2001.
By the former resolution, the Government has inter alia recommended to the management to consider the teachers who are working on part time basis in the night schools for regular appointment as full time teachers and by the latter resolution, the Government has directed the management to ::: Downloaded on - 09/06/2013 16:08:15 ::: 4 WP 1477 of 2002 so appoint the said part time teachers as full time teachers.
4. In so far as the legal position is concerned, it is not disputed by the learned counsel for the petitioners that there is no provision either under the Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977 or Secondary School Code, for absorption of part time teachers, especially those working in the night school as full timers, as and when the post becomes available. The learned counsel for the petitioners has therefore, strongly placed reliance on the said second Government Resolution. In an almost identical fact situation, the Division Bench of this Court by a decision dated 24-03-2006 rendered in Writ Petition No.467 of 1993 and companion Writ Petition No.2544 of 1995, has taken a view that the part time school teachers who are teaching in the night schools, stand apart from the full timers in as much as the teachers of the night schools have to impart education for not more than 2 and half hours, whereas under the Secondary School Code, vide Rules 52.3 and 54.1, a day junior college teacher is required to impart education for about five hours and therefore, the teachers of the night schools cannot be given benefit of a full time teacher by giving them pay scale prescribed under the MEPS or Secondary School Code.
5. The Division Bench in the said case, relied upon an order of another Division Bench in Writ Petition No.5078 of 1991 and companion ::: Downloaded on - 09/06/2013 16:08:15 ::: 5 WP 1477 of 2002 writ petition Nos.340 of 1992 and 3198 of 1992. Though, in the case before the Division Bench, the absorption was sought as full timer in the junior college, in our view, the principle applicable would be the same in as much as the petitioners herein are seeking their absorption in the full time scale in a school to which Secondary School Code is applicable.
However, considering the Government Resolution (Supra), the least that can be done for the petitioners in the instant petitions is to direct the Management to consider the petitioners for absorption as regular teachers in the full time scale as and when vacancy becomes available on the same lines, as the Management has considered the cases of the teachers, reference to whom is made in the above petitions. We hope and trust that the Management would act fairly towards the above petitioners also and treat them in the same manner as teachers who have been already absorbed as full time teacher in the regular pay scale. With the aforesaid observations, we dispose of both these petitions, by making the Rule absolute to the said extent.
( R.M.SAVANT, J. ) ( P.B.MAJMUDAR, J. )
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