SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
judgment-img

2019 Supreme(Bom) 503

B.R.GAVAI, DAMA SESHADRI NAIDU
Gaur Pratibha, Thakur Pratima Jagatsingh – Appellant
Versus
State of Maharashtra Through Secretary – Respondent


Advocates Appeared:
N.V. Bandivadekar, Adv., S.A. Mane, Adv., Pranita Hingmire, Adv., A.A. Garge, Adv., J.H. Oak, Adv., Kedar Dighe, Adv., Rupali M. Shinde, Adv., S.B. Kalel, Adv., Mihir Desai, Adv., S.S. Jadhav, Adv., Rameshwar Gite, Adv., Rajesh Kolge, Adv., Anupama Shah, Adv.

JUDGMENT :

Dama Seshadri Naidu, J.

Introduction:

Two sets of persons, with diverse qualifications, enter service as Secondary School Assistants, at different times. They are placed in different categories of seniority, not based on their date of joining, but based on their qualification. With time, the teachers who are placed in lower category rise through the rungs, after acquiring additional qualifications. Thus, most may get paced in one common higher category, sooner or later. But those who scale up and reach that particular category later may have actually joined the service earlier.

2. The Questions:

2(a). Here, the question is, once persons from different sources enter a common category, how should their seniority be reckoned?

2(b). Is it from the date of their entering and continuously officiating in the service or from the date of their acquiring qualification to reach that common category?

2(c). Is there any universal principle for this proposition or does it depend on the rules of service?

Facts:

WP No.14242 of 2018:

3. In W.P.(C) No.14242 of 2018, there are 13 petitioners; they all work as assistant teachers in the fifth Respondent school. All the petitioners, in fact, entered th


















































































































































































































Click Here to Read the rest of this document

1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top