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Though delayed,a retired teacher,who worked without promotion for 32 years at a Brihanmumbai Municipal Corporation (BMC) school,may taste justice. The Bombay High Court has asked the corporation to determine his eligibility for a promotion as per a circular issued in 2007,within four weeks.
Dombivali resident Bhalerao taught at the Nehru Nagar Upper Primary School for over three decades with an unchanged designation trained teacher. A Master of Arts and LLB,Bhalerao taught all subjects except mathematics at the primary level and retired on February 1,2010. He saw a glimmer of hope when the corporation issued a notification on July 24,2007,announcing a time-bound promotion for municipal corporation employees with effect from July 7,2005.
However,the notification was not implemented on time despite the education officer of the municipal corporation issuing a circular for the implementation of the promotion scheme by March 31,2008. Bhalerao then moved the High Court. His cousel Yogesh Dabke told the court that the promotions of at least 12,000 corporation employees were stuck as the circular of July 24,2007 was not implemented. The promotion scheme would be applicable to all employees who have served for more than 12 years,irrespective of their retirement or death,Dabke told the court.
The BMC had issued a communication on June 13,2008 stating that due to paucity of time the process of computing benefits to be given to each of the employees could not be completed as the number of employees was very high,to the extent of 12,000 persons.
Last week,Justices AM Khanwilkar and RY Ganoo observed,The fact remains that three years have rolled by thereafter. There is nothing in the affidavit in reply that indicates as to what prevented the Corporation to process the claim of the petitioner during this period.
The order states,In the circumstances,we hope and trust that the respondent commissioner,shall issue appropriate directions to the authority concerned to process the claim of the petitioner,keeping in mind the parameters provided in the circular dated 24th July,2007.
Bhalero had contended that after uninterrupted service for 32 years,he qualified for the post of a deputy headmaster. However,since there were insufficient posts for the designation he was not appointed as one. He,however,said he should have been given the monetary and retirement benefits of the post.
The next hearing of the case will be on July 26.
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