LAW FOR ALL

Service Matter - Seniority - Promotion - mere having B.Ed. Degree can the junior as a senior in Trained Graduates cadre over power the senior candidate and can be designated as senior for promotion - Apex court set aside the order of High court and held that we find that in the case at hand there is a specific Rule, namely, Rule 12 of the Rules, which deals with seniority. The clear and unambiguous criteria for determining seniority is the continuous officiation counted from the date of acquiring the educational qualification as prescribed under Schedule “B”. since the appellant was holding the requisite qualifications, i.e. D.Ed., for appointment to the post of Assistant Teacher in Primary School, as prescribed under Schedule “B” to the Rules, her seniority was to be counted on the basis of continuous officiation. Since she joined the post of Assistant Teacher on 24.08.1979 and respondent No.4 came to be appointed subsequently, i.e. on 01.09.1980. The appellant would naturally be senior to respondent No.4.Insofar as manning the post of Head of the School is concerned, Rule 3 of the Rules provides for the qualifications. It is not in dispute that as on the date of which the Head of the School was to be appointed, the appellant fulfilled all the requisite qualifications mentioned in the said Rule. Further, as already found, she was senior to respondent No.4 as well. Therefore, it is the appellant who was the rightful claimant to the post of Head of the School. Depriving her of this legitimate right and making the appointment of respondent No.4 as the Head Master of the School was, therefore, clearly erroneous, which resulted in infringement of the rights of the appellant to hold that post. Accordingly, this appeal is allowed. Judgment of the High Court is set aside and a direction is issued to appoint the appellant as Head of the School by replacing respondent No.4 therefrom. This direction shall be carried out within a period of four weeks from today.= CIVIL APPEAL NO. 7699 OF 2014 (arising out of Special Leave Petition (Civil) No. 29696 of 2013) |VIMAN VAMAN AWALE |.....APPELLANT(S) | |VERSUS | | |GANGADHAR MAKHRIYA CHARITABLE TRUST & |.....RESPONDENT(S) | |ORS. | | = 2014- Aug. Part – http://judis.nic.in/supremecourt/filename=41826