Point of Law: Transitory provisions - Provision under Section 493 of Maharashtra Municipal Corporations Act read with Clause 5(c) of the Appendix IV would also apply in case of en bloc transfer of the property forming part of such village which were transferred to the Municipal Corporation along with schools, employees and students.

JUDGMENT :

R.D. DHANUKA, J.

1. Rule. Learned counsel appearing for the respondents waive service. By consent of the parties, the petition is heard finally. Some of the relevant facts for the purpose of deciding this writ petition are as under.

2. By this petition filed under Article 226 of the Constitution of India, the petitioners have prayed for a writ of certiorari for quashing and setting aside the seniority list dated 20th February, 2018 published by the respondent no. 1-Pune Municipal Corporation. The petitioners are the primary teachers. Prior to 9th January, 1999, the petitioners were working with the Pune Zilla Parishad in 23 erstwhile villages which were later on merged in Pune Zilla Parishad. On 1st January, 1999, the services of the petitioners were absorbed in respondent no. 1 after inclusion of the erstwhile 23 villages within the municipal limits of respondent no. 1. It is the case of the petitioners that after absorption of the petitioners on 1st November, 1999 with the respondent no. 1 Corporation, their services were considered as per their initial date of appointment and were given the benefit of the seniority. On 1st May, 2012, the respondent no. 1 prepared the seniority list in which the petitioners were shown senior and their seniority were shown from the date of initial date of appointment with Pune Zilla Parishad. One of the teachers already working with the respondent no. 1 Corporation challenged the said seniority list published on 1st May, 2012.

3. It is the case of the petitioners that since 2016, the respondent no. 1 started preparing the seniority list under the pressure of the Association/Organization of the primary teachers who were in service with the respondent no. 1 corporation. On 20th September, 2016, the petitioners raised objection to the said seniority list prepared by the respondent no. 1 in the year 2016. On 7th October, 2016, the legal department of the respondent no. 1 gave legal opinion that the seniority of the primary teachers was to be taken into consideration from the initial date of appointment with the Pune Zilla Parishad in the light of the judgment delivered by this Court in case of Shashikala Baviskar vs. Municipal Council, Jalgaon (2005) 2 Mh. L.J. 1087. In the said legal opinion, the legal department also referred to section 493 of the Maharashtra Municipal Corporation Act and Government Resolution dated 13th August, 1990. On 29th September, 2017, the petitioners again raised the objections with the respondent no. 1.

4. On 18th October, 2017, the Additional Commissioner of the respondent no. 1 corporation held that the date of absorption with the respondent no. 1 was required to be taken into consideration. On 20th Feb, 2018, the respondent no. 1 published a seniority list of primary teachers. In the said seniority list, the names of the petitioners were shown from the date of absorption with the respondent no. 1 corporation and not from the date of joining with the Pune Municipal Corporation. On 20th February, 2021, the petitioners filed their objection to the said seniority list dated 20th February, 2018. The petitioners filed this petition on 26th February, 2018 impugning the said seniority list dated 20th February, 2018.

5. On 28th February, 2018, this Court passed an interim order directing that the promotion made if any shall be subject to the result of this writ petition and promotion order, if any would mention this aspect. On 6th March, 2019, a Division Bench of this Court observed that the issue raised in the writ petition must be resolved by this Court and it may not be possible for the Municipal Commissioner to go into the intricacies and minute details particularly in relation to the interpretation of the Maharashtra Civil Services (Regulation of Seniority) Rules, 1982 based on which the petitioners have approached this Court. Pursuant to the order dated 14th March, 2019 passed by this Court, the respondent no. 3 was impleaded in this writ petition. Pursuant to the