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Showing contexts for: secondary school code in Saramma Varghese vs Secretary/President, S.I.C.E.S. ... on 7 September, 1989Matching Fragments
8. On 21st July, 1986, the respondent No. 5 was promoted as Assistant Headmistress on the basis of the revised seniority list made on 31st August, 1985.
9. Upon the promotion of the respondent No. 5 to the office of the Assistant Headmistress, the petitioner was appointed as Supervisor by the letter dated 23/31st July, 1986.
10. The questions arising in this petition have to be determined on the construction of the Act, the Rules, and the Secondary Schools Code issued by the Government of Maharashtra. It is necessary to set out briefly the scheme of the Act, the Rules and the Secondary Schools Code, hereinafter referred to as "the Code".
Thus, higher pay scale is not relevant for the purpose of fixation of seniority of teachers. A teacher with B.A. B. Ed. wherever he teaches will take his place according to the date of appointment and continuous officiation.
17. Before the commencement of the Act and the Rules, the conditions of service of teachers in the Secondary Schools were governed by the Secondary Schools Code issued by the Government of Maharashtra. Only two categories of employees are recognised (Rule 68.1 Chapter III-Section II of the Code) viz. the permanent and non-permanent employees. The Management of the school has to fill up the post of the Head of the school by appointing the senior most teacher from among those employed in the school (Rule 61-2 Chapter III-Section I of the Code). The seniority of teachers for the purpose of appointment of Head of the school shall be determined only in accordance with the guidelines issued by the Department from time to time (Rule 61.2 Chapter III Section 1 of the Code). The Management is also enjoined to appoint Assistant Head to assist the Head of the school in his administrative and supervisory duties, if the School has more than 20 Classes (Rule 61.2 (c) Chapter III-Section I of the Code). Like the Head of the School the Assistant Head has to be the senior-most teacher. Duties of the Head, Assistant Head, Supervisors and Teachers have been prescribed in Appendix 12 of the Code. Supervisor is the position above the teacher and below the Assistant Head Master. His duties include teaching and supervision of teachers. Like the Head and Assistant Head, the Supervisors shall also be the senior-most teacher (Rules, 63.2(i) and (ii) Chapter III-Section I of the Code).
18. Annexure 45 issued under the Rules 61 and 63 of the Code lays down the rules in regard to the seniority of teachers in non-government secondary schools. Schools are divided into Higher Secondary School which is the Junior College and the Secondary School which includes the classes upto S.S.C. The petitioner and the respondent No. 5 fall in Category 'B' of Annexure 45 which is identifical to category 'C' in Schedule 'F' to the Rules. Note 3 of Annexure 45 which has been in existence at all times as part of the Code before 1971 and after 1971 is again consistent with the guidelines laid down in Schedule 'F' of the Rules (Note 3, Annexure 45 of the Code :-- Seniority of M.A. (M.Sc.), M.Com, B.Ed. and B.A. (B.Sc.) B.Com., B.Ed teachers would be common and their seniority would be determined on the basis of length of service after B.Ed., in the school or schools of the same Management. There would not be a separate category 'A' for determining the seniority of the teachers in Higher Secondary Schools. Seniority of M.A./M.Sc./M.Com with B.Ed. and B.A./B.Sc./B.Com. with B.Ed, teachers is common and their seniority is determined on the basis of length of service after B.Ed. in the School or Schools of the same management. Significantly, this note enjoins the authorities to direct that there should not be a separate category 'A' for determining the seniority of teachers in Higher Secondary Schools. In other words, all teachers who fell in the same category rank together. Thus, whether it is the Secondary Schools Code or the Rules and the Act, identical considerations determine the seniority of teachers.
19. The Secondary Schools Code has undergone amendments since it was suggested that at the time when the petitioner was appointed, different rules governed the seniority, we have gone through the Code published in 1972 also. Its provisions are not different from those in the Revised Edition of 1979. The Head of the School shall be appointed from among those available including those already employed in the school run by the same management (Rule 61.1 of the Code 1972). Annexure 45 which lays down the guidelines for fixation of seniority list of teachers in the non-government Secondary Schools is identical to the annexure 45 in the Revised Edition of 1979. The petitioner and the respondent No. 5 fall in Category 'B' as in the Revised Edition of 1979. The category A, B, C, D, and so on represent the ladder of seniority in the descending order (Annexure 45-Paragraph 3 of the Code 1972). The inter se seniority of teachers falling in any single category has to be determined on the basis of the continuous service in that category in a single school or schools of the same management. For the purpose of appointment as Head Masters of Supervisors in the S.S.C. level Schools M.A., M.Sc., B.T., B.Ed. Teachers should not be considered as belonging to higher categories of seniority but they should be considered as part of category 'B' for the purpose of inter se seniority (Annexure 45-Paragraph 4 of the Code 1972).