2003 LAB. I. C. 2683 ::(2003) 3 CurLR 1052 ::(2004) 100 FacLR 481 ::(2004) 1 LabLJ 970 ::(2003) 6 Bom CR 254 ::(2003) 4 Mah LJ 470 ::(2004) 2 ServLR 505 ::(2003) 12 AllIndCas 913 (BOM)

Bombay High Court

Hon'ble Judge(s): C. K. Thakker , C.J. AND V. K. Tahilramani , J

Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act (3 of 1978) , S.16— Maharashtra Employees of Private Schools (Conditions of Service) Rules (1981) , R.12— Lower grade staff - Appointment on higher post - Employee improving his qualification as prescribed for post of clerk - Has to be given preference while filling up the post - Peon acquiring qualification prescribed for clerk - Nothing to show that he was ineligible for appointment - Non-consideration of his case for appointment on said post - Not proper. (Para 12 13)