TITLE : Sheshrao Namdev Bade v The state of Maharashtra
CORAM : Hon’ble justice Nitin Jamdar and Hon’ble Justice Manjusha Deshpande
DATE : 15th December, 2023
CITATION : W.P No 13510 of 2023
FACTS
The petitioners are Education Officers who are aspiring for the post of Deputy Director of Education on the basis of seniority. According to them they fulfill the eligibility criteria required for the post as per Rule 3 of the Recruitment Rules of Deputy Director Of Education in Maharashtra Education Service, Group A Recruitment Rules,2018. This post has been amalgamated with the Act Administrative officers, Group A resolution through the powers of Article 309 of the Constitution. The petitioners challenge Rule 8 of the Recruitment Rules of Education Officer in the Maharashtra Education service, Group A as they fall under the category of Administrative Officer and 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.
LAWS INVOLVED
Rule 8 of the Recruitment Rules of Education Officer in the Maharashtra Education service, Group A states that :
“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”
Seniority of a Government Employee is governed under Rule 3(1) of the MCS (Regulations and Seniority) Rules of 2021.
The said Rule provides that the seniority of a Government servant shall be determined from the length of his continuous service in the said cadre or post.
ISSUES
- Whether The said Rule – 8 of Recruitment Rules, 2022 is violative of the right of the Petitioners?
- Whether the Rule – 3 of the Recruitment Rules, 2022 is contrary to Rule – 8 of the said Rules?
- Whether the said Rule – 8 is also contrary to Rule – 3 of the Recruitment Rules of Deputy Director of Maharashtra Education Services, Group – A (Administrative Branch)?
JUDGEMENT
The court held that the recruitment for Educational Officer through the 2016 rules is degree of in its statutory University and the promotion is done by Deputy Educational Officer with over 5 years of experience. The Recruitment rules for the post of Administrative officer is the qualification of defree in Art, Science, Commerce or Law.
The court held that the responsibilities of Education Officer and Administrative Officer are same. In furtherance, it also held that The State is empowered by virtue of proviso to Article 309 of the Constitution of India, to frame Recruitment Rules and to amend it from time to time. It stated that the contention of seniority of Administrative officer can only be counted during the amalgamation of the rules to be unacceptable. It would mean that the Administrative officer to have 5 more extra experience for a promotion.
The contention of Education officer being in a higher pedestal than Administrative officer were dismissed by the court as Education Officers are usually placed in the offices at District level as against that, the Administrative Officers are placed in the offices at State level or regional level.
The court stated that “The Education Officer is undoubtedly is an officer discharging Administrative functions. Therefore only on account of one of his functions being adjudicatory the post of Education Officer cannot be placed on higher pedestal then that of an Administrative Officer other things being equal.” And held that the policy decision to include Administrative officer in the cadre of education officer does not lose its independent identity.
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Written by- Sanjana Ravichandran
