Supreme Court Upholds Counting of Service Rendered by Transferred Teachers for Seniority in Pune Municipal Corporation
In a significant ruling, the Supreme Court of India upheld the inclusion of service rendered by primary teachers in the Zilla Parishad (ZP) for determining their seniority after their transfer to the Pune Municipal Corporation (PMC). The judgment, delivered by Justice Surya Kant and Justice J.K. Maheshwari, emphasized the importance of interpreting the relevant statutory provisions and established that the service rendered by the transferred teachers in the ZP should be considered as service rendered in the PMC itself.
The Court stated, “Service rendered by such officers and servants before the appointed day shall be deemed to be service rendered in the service of the Corporation,” highlighting the protection provided under Clause 5(c) of Appendix IV of the Maharashtra Municipal Corporation Act, 1949. Consequently, the seniority of the primary teachers is to be counted from the initial date of their appointment in the ZP.
The ruling dismissed the argument that Section 3(3)(b) of the MMC Act, which deals with the protection of conditions of service, was applicable to the determination of seniority. The Court clarified that Section 3(3)(b) does not regulate the conditions of service of transferred employees and should not be invoked in this context. Instead, the Court relied on Clause 5(c) of Appendix IV, which explicitly safeguards the rights of officers and servants transferred to the Corporation, deeming their prior service as service rendered in the PMC.
Furthermore, the Court rejected the plea of estoppel and acquiescence, stating that the transferred teachers were not obliged to challenge the recommendations of the PMC Committee. The Court emphasized that the cause of action arose upon the issuance of the final seniority list, which prompted the timely approach to the High Court. As a result, the objection of estoppel and acquiescence raised by the appellant was untenable.
Date of Decision: March 17, 2023
Maharashtra Rajya Padvidhar Prathamik Shikshak Va Kendra Pramukh Sabha vs Pune Municipal Corporation and Ors.
