The Rules framed under the Maharashtra Employees of Private Schools, (Conditions of Service) Regulation Act, 1971 and Conditions of Service Rules, 1981 provide for the possibility of promotion for peons who acquire higher qualifications, either to the post of Laboratory Assistant or Clerk.

Headnote:
PROMOTION - PRIVATE SCHOOL EMPLOYEES - MAHARASHTRA EMPLOYEES OF PRIVATE SCHOOLS, (CONDITIONS OF SERVICE) REGULATION ACT, 1971 AND CONDITIONS OF SERVICE RULES, 1981 - RULES 2(1)(J) AND (6) OF SCHEDULE 'B' AND RULE 12 OF SCHEDULE 'F' - SUMMARY
Fact of the Case:

The petitioner, a peon in a private school, claimed promotion to the post of a clerk based on his acquired qualifications, as per the Rules framed under the Maharashtra Employees of Private Schools, (Conditions of Service) Regulation Act, 1971 and Conditions of Service Rules, 1981.
Finding of the Court:

The court held that Rule 12 of Schedule 'F' read with Rules 2(1)(j) Schedule 'B' and also clause (IV) of sub-Rule (1) of the Rules provide for the possibility of a peon being promoted to the post of a clerk.
Issues: Whether a peon in a private school can claim promotion to the post of a clerk based on acquired qualifications, as per the Rules framed under the Maharashtra Employees of Private Schools, (Conditions of Service) Regulation Act, 1971 and Conditions of Service Rules, 1981.
Ratio Decidendi: The court interpreted the relevant rules and found that they contemplate promotion for peons who acquire higher qualifications, either to the post of Laboratory Assistant or Clerk. This possibility of promotion is to be read into Schedule 'B' clause (IV) pertaining to the junior clerk as one of the sources of appointment for the post.
Final Decision: The court directed that the petitioner's claim for promotion to the post of a clerk be considered when a vacancy arises, based on the merits of his claim and in accordance with the Rules.

JUDGMENT - N.J. PANDYA, J.:---The matter poses a very interesting question as to whether a person appointed as a peon in a private school can claim promotion to the post of a clerk as per the Rules framed under the Maharashtra Employees of Private Schools, (Conditions of Service) Regulation Act, 1971 and Conditions of Service Rules, 1981. The relevant rules are Rules 2(1)(j) and (6) of Schedule 'B' as well Rule 12 of Schedule 'F' of the aforesaid Rules.

2.The first of the two Schedules, namely Schedule B, pertains to the qualification of teaching staff in clause (I) to (III) and clause (IV) pertain to qualification for non-teaching staff in the school. The very first post dealt with under clause (IV) of Schedule B is that of a junior clerk. It prescribes merely minimum qualification and nothing. There is no mention in the said Rules of the manner in which the post is to be filled in. We take it that like any other post in an aided school this post was filled by way of recruitment, according to the method followed for aided schools. That is exactly what was done by respondent No. 1 and that is how respondent No. 4 S.B. Nagdeve came to be appointed as a junior clerk.

3.The grievance of the petitioner is that he entered service of respondent No. 1 sanstha as a peon and in the course of time he acquired additional qualifications and thus became eligible to hold the post of a clerk as prescribed by the said clause (IV) of Schedule B. This aspect as to the qualification is not in dispute.

4.What is in dispute is the claim of the petitioner that the said clause (III) of Schedule F in its later part does contemplate that promotion to be given to the peon who has acquired higher qualification. This possibility of promotion at the same time confine only to Laboratory Assistants or to that of a clerk only. The relevant part reads as under :

"Lower Grade Staff-A common seniority list of Laboratory Attendant, Naik, Oilman, Machine Attendant, Peon Watchman, Chowkidar, Sweeper, Call-Woman, Kamathi, Attendant, Laboratory Hamal, Liftman and such other lower grade staff, if any, shall be maintained on the basis of the date of their appointment. If any of the lower grade staff improves his qualifications as prescribed either for the post of Laboratory Assistant or Clerk, such employees should be given preference while filling in the said post according to his place in seniority."

5.The management has right to the extent of saying that the said clause (IV) under the Schedule does not speak of a promotion. However, the entire scheme of the Rules including the Schedules appearing thereunder have to be given a combined reading and are to be interpreted thereafter to further the underlying intent of this piece of subordinate legislation. These being the Rules, then under the powers given to the Executive by the legislative wing, while enacting the said Act, the intent and purpose lying there under cannot be ignored.

6.Thus, reading the aforesaid two provisions together, the position becomes clear that in case of non-teaching staff, employees of lower grade staff, so far as peons are concerned, there is a possibility of promotion to the post of a Laboratory Assistant or clerk which will have to be read into Schedule 'B' clause (IV) pertaining to the junior clerk as one of the source of appointment for the post.

7.To that extent, therefore Schedule 'F' will project itself into Schedule 'B' and on combined reading both meaning and effect will have to be given to it. Then only the underlying idea of encouraging the lower staff to aim higher and achieve better can be implemented and that goal can be advanced.

8.Once this aspect is considered, the view taken by the authorities below would immediately become unsustainable. Incidentally, it may be mentioned that the Education Officer initially agreed with the petitioner but reviewed his own order (Annexure C) at the instance of Head Master of respondent No. 1 and that too without affording any opportunity to t

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