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Judgment
By this petition, the Petitioner challenges the Government Resolution dated 20th October, 1976, a copy whereof is annexed as Exhibit ''D'' to the Petition, and the Seniority List dated 1st December, 1982 prepared in pursuance thereof.
In the year 1954, the Petitioner joined service as an Assistant Teacher in the then State of Hyderabad. The former Hyderabad State was split up and on and from 1st April, 1956 some part of it was merged in the then State of Bombay. The options were given to the employees who were working with the then Hyderabad State Government and the Petitioner opted for absorption in the then State of Bombay. The Petitioner became graduate in Arts in the year 1959 and passed B. Ed. Examination in the year 1960 and acquired essential qualification for becoming a Secondary School Teacher.
In the year 1961, the Maharashtra Zilla Parishads and Panchayat Samitis Act, 1961 (for short, ''the Act'') came to be passed. Under the Act, the part of education came to be entrusted to the various Zilla Parishads or Panchayat Samitis. Many teachers who were then working with the 1st Respondent came to be allotted to the Zilla Parishads under the Act. The Petitioner was transferred as a secondary school teacher in the Zilla Parishad, Usmanabad and was granted the scale of a trained graduate. The appointment of the Petitioner was confirmed on 1st August, 1972. The Petitioner was falling in the District Technical Service (Class-III) (Educational).
On 18th December, 1950, the then Government of Bombay had passed a resolution bearing No. 4099/84 laying down the principles required to be observed in connection with the promotion of officers from a lower to higher grade, service or post by selection. On 22nd March, 1971, the Government of Maharashtra passed a resolution bearing No. BES-2766/91342-D approving the principles and procedure for preparation, maintenance and use of the select lists of persons to be appointed by Selection of trained graduates in District Technical Service (Class-III) (Education) to Maharashtra Educational Service Class-II (Administrative Branch). It was mainly provided that the list of selection or promotion was seniority-cum-suitability. The Petitioner made representation to the Director of Education, Maharashtra State, Pune through the Zilla Parishad, Usmanabad for promotion. Since the Petitioner was not granted promotion, the Petitioner approached to the 2nd Respondent. At that time, the Petitioner was joined out that the 1st Respondent has passed a resolution on 20th October 1976 whereby the principles and procedures required to be followed in matters of promotion and selection as per the said earlier resolution dated 22nd March, 1971 to be modified retrospectively as per revised principles and procedure contained therein. Pursuant to the said resolution dated 20th October, 1976, the 1st Respondent prepared a provisional combined seniority list dated 1st December, 1982 of the employees working in District Technical Service (Class-III) (Education) as on 30th August, 1982. In the said list, the name of the Petitioner was shown at Serial No. 289 which according to the Petitioner should have been between serial numbers 89 to 138. Aggrieved by the said Resolution dated 20th October, 1976 and the said list dated 1st December, 1982, the Petitioner has filed the present Petition in the month of September, 1986 to challenge the same. During the pendency of the Petition, the Petitioner has retired from service on 19th February, 1988.
In view of the fact that though the said Government Resolution modifying the earlier Resolution dated 22nd March, 1971 was passed on 20th October, 1976 and the Seniority List in pursuance thereof was prepared on 1st December, 1982 yet the petitioner has chosen to file the present Petition only in the month of September, 1987, the Petitioner is now not entitled to any relief in the petition more particularly when the Petitioner has retired from the service on 19th February, 1988. Even otherwise also, the petition is devoid of any merit since there is no infirmity or illegality either in the said Resolution dated 20th October, 1976 or in the Select List dated 1st December 1982. As per the said Resolution dated 20th October, 1976, the total length of service of the Petitioner from the date of appointment as a graduate has been taken into consideration for the purpose of combined seniority list of the State. While preparing such seniority list, the juniors of the Petitioner who graduated before the Petitioner have been promoted as the petitioner graduated only in the year 1959. It may also be mentioned here that the said Combined Seniority List of all the Zilla Parishad Employees in District Technical Service (Class-III) (Education) was prepared in the light of the revised principles and procedure laid down in the said Government Resolution dated 20th October, 1976 wherein passing of B. Ed. Examination is not to be take into consideration for finalisation thereof as the criteria of trained graduates has been retrospectively revised and the same has been lower down to graduation only vide Rule 1 of Para 3(i) thereof.
The Petition is dismissed. Rule is discharged. However, in the circumstances, there shall be no order as to costs of the petition.