JUDGMENT :

(Manjusha Deshpande, J.) :

The Petitioners herein were working as Education Officers Group- A, and have been appointed on different dates, who are aspiring for the post of Deputy Director of Education on the basis of their seniority in the feeder cadre of Education Officers. They are challenging the order passed by the Maharashtra Administrative Tribunal, Mumbai Bench, in Original Application No. 649 of 2023, which has been rejected by the Tribunal by its judgment and order dated 20 October 2023.

2. The case of the Petitioners before the Tribunal was that the Petitioners who belong to the cadre of regular Education Officers working in the School Education and Sports Department were aspiring for the further promotion to the post of Deputy Director, of Education, in the near future. According to them, they fulfill the eligibility criteria required for the post of Deputy Director of Education as provided in Rule 3, of the Recruitment Rules of Deputy Director of Education in the Maharashtra Education Service, Group- A (Administrative Branch), Recruitment Rules, 2018. The cadre of Education Officers, Group – A (Administrative Branch) has been amalgamated with the cadre of Administrative Officers, Group – A vide a Government Resolution dated 20 November 2019. The said decision for amalgamation of the post of Education Officer, Group – A and Administrative Officer Group – A was taken because both the posts carried the same pay scale and similar duties. Therefore, a policy decision was taken by the Government in the School Education Department to amalgamate both the posts. As a result, the Recruitment Rules were also framed by the Education Department.

3. The notification framing the Recruitment Rules was issued on 28 December 2022. The said Recruitment Rules have been framed in exercise of power conferred by the proviso to Article 309 of the Constitution of India in supersession of all existing rules, orders or instruments issued previously. The private Respondent Nos. 2 and 3 are the officers belonging to the erstwhile Administrative Officer Cadre. The Petitioners herein challenge Rule 8 of the Recruitment Rules of Education Officer in the Maharashtra Education Service, Group – A, (Administrative Branch) dated 28 December 2022 (hereinafter referred to as Recruitment Rules, 2022). The said Rule reads as under:

“8. Seniority of the person working on the post of Administrative Officer, Maharashtra Education Service, Group-A shall be fixed in the cadre of Education Officer and its equivalent posts as per their date of appointment by nomination or regular promotion on the post of Administrative Officer, on the date of publication of these Rules.”

4. The definition of Education Officer in the said Recruitment Rules included the 5 posts of Administrative Officer working in the Education Department at the regional level. The said posts have been included in the Schedule- A of the Recruitment Rules, 2022. The Schedule – A provides for the list of Education Officer and its equivalent posts Group – A (Gazetted) Maharashtra Education Service (Administrative Branch). The Petitioners herein have challenged the said Rule 8 of the Recruitment Rules, 2022 on the ground that the Education Officers are appointed under Rule- 3 from the cadre of Deputy Education Officer. The Rule 8 of the Recruitment Rules, 2022 runs contrary to the Rule- 3 of the Recruitment Rules to the post of the Deputy Director of Education dated 18 January 2018. Since Schedule ‘B’ to the Rules do not include Administrative Officer in equivalent posts of Education Officer.

5. According to the Petitioners, the post of Deputy Director of Education in Maharashtra Education Service, Group – A is to be filled in by promotion from suitable persons on the basis of merit-cum-seniority from amongst the persons holding the post of Education Officer in the Maharashtra Education Service, G