IMPORTANT POINT
Seniority in the same category depends upon length of officiation in that category.

JUDGMENT

Rastogi, J.

1. The dispute in this appeal pertains to the inter se seniority of the appellant vis-a-vis 5th respondent, who were appointed as Assistant Teacher in Secondary School and their services are governed by the Maharashtra Employees of Private Schools (Conditions of Service) Rules, 1981 (hereinafter being referred to as “Rules 1981”).

2. The brief facts that culled out in a nut shell are that the appellant was appointed as Rest. (untrained) Teacher in High School, Smt. Sindhutai Poreddiwar, Gogaon, Distt. Gadchiroli, with effect from 15th July, 1994 vide order of appointment dated 27th June, 1994. Her appointment was purely on temporary basis for a period from 15th July, 1994 to 7th May, 1995 on the terms & conditions as laid down in Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977 and the Rules of 1981 framed thereunder. She qualified her B.Ed examination and became a trained teacher on 19th September, 1997. At the same time, the impleaded 5th respondent was appointed as trained Assistant Teacher vide order of appointment dated 13th August, 1997. On the date of appointment, he was holder of the qualification of B.A., B.Ed. and was a trained teacher under the Scheme of Rules, 1981. At one point of time, the appellant was placed senior to the 5th respondent in the category of Assistant Teacher that gave a cause of grievance to the 5th respondent. If there is any grievance to the teaching/non-teaching staff in reference to inter se seniority, such dispute has to be adjudicated by the Education Officer as provided under Rule 12(3) of the Scheme of Rules, 1981.

3. The Competent Authority adverted to the rival claims of the parties and observed in its order dated 31st March, 2003 holding that the 5th respondent was appointed on 13th August, 1997 as a trained teacher holding the qualification of B.A. B.Ed. and at the time of entry into service, he was in category table ‘C’. At the same time, the appellant although was appointed as Assistant Teacher (untrained) with effect from 15th July, 1994 but she qualified her B.Ed on 19th September, 1997 and became member of category table ‘C’ only on acquiring qualification of B.Ed. and accordingly the 5th Respondent became senior to the appellant in category ‘C’ to Schedule ‘F’ annexed to Rule 12 of Rules, 1981. It was upheld by the High Court under the impugned judgment which is a subject matter before us.

4. Learned counsel for the appellant submits that practically inter se seniority is not an issue in the present matter although raised before the High Court but her grievance primarily is regarding salary escalation which is extended to the graduates as defined in Rule 2(j) annexed to Schedule ‘B’ to the Rules, 1981. Learned counsel further submits that the 5th respondent being a temporary teacher cannot claim seniority until stood confirmed and seniority could not have been claimed by him over the appellant before becoming member of the Rules, 1981. Learned counsel further submits that under the scheme of Rules, seniority is determined on the basis of longer officiation of service in the cadre, her later acquiring the qualification of B.Ed and become a trained Assistant Teacher would not take away her right of seniority envisaged under Rule 12 of Rules, 1981.

5. Per contra, learned counsel for the respondent, on the other hand, submits that 5th respondent was initially appointed as a trained teacher and the appellant acquired the B.Ed. qualification later and became a member of Category ‘C’ of Schedule ‘F’ annexed to Rule 12 and this fact has been noticed by the competent authority while determining the inter se seniority of the appellant vis-a-vis the 5th respondent and confirmed by the High Court on dismissal of the writ petition and needs no further interference.

6. We heard the learned counsel for the parties and with their assistance perused the materials on record.

7. Before adverting to the question raised for consideration, it