Promotion Discrimination Legal Steps

Summary

If you face promotion discrimination due to your caste, file a grievance with the school management, consult a lawyer to send a legal notice, and approach the Maharashtra State Commission for Backward Classes and the National SC/ST Commission. You can also file a writ petition in the Bombay High Court for judicial intervention.

Full Conversation

Subject: - Injustice in Promotion for the Headmaster Post due to Backward Class religion Dear Sir/Madam I Mr. Teacher Residing in Sindhudurg, Maharashtra. I am working as a teacher in Phondaghat Education Society, New English School & Junior college Phondaghat Tal. Kankavali, Dist. Sindhudurg since *. I joined this school as Assistant teacher in * and served for more than 25 years in this school, I am from Backward Class communist (Buddhist). Mr. Sawant Shankar Arjun, Headmaster New English School and Junior College Phondaghat took charge of the principal from */*/*, after which the charge of the supervisor post should have given to me according to seniority, but the supervisor post was not filled with the purpose of deliberately harassing me by the institution. For a few years I was doing more work as a supervisor while maintaining my work as a teacher. Mr. Sawant Sir retired from the post of Headmaster on */*/*. Instead of being selected for the post of Headmaster as per seniority and rules, the teacher of Vocational education department Mr. Rasam V. V. has been given charge of the post of Headmaster for every three months. As per rules, a teacher in the Vocational education department cannot be promoted to the Headmastership of the school. In this regard, I have raised the concern with hon. Education Officer Sindhudurg after successful hearing, he has been directed to Hon. Chairman/Secretary as well as school administration for processing my promotion with the seniority. But because I am from a backward class, I am deliberately not promoted, and I was never called by the director of the institution in that regard. But the letter from the Hon Education officer to promote me to the supervisor post has expired due to tenure. Now I am eligible for the post of Headmaster as per the seniority. Request your lordship to please intervene in this matter urgently as my service has remained only for 5 years and I am expecting justice to serve as Headmaster as per seniority and eligibility.
****, I understand your situation. Here are some steps you can take:
- **File a Complaint:** Approach the Maharashtra State Commission for Backward Classes.
- **Legal Notice:** Send a legal notice to the school's management through a lawyer.
- **High Court Petition:** File a writ petition in the Bombay High Court for violation of your rights.
Would you like more detailed information on any of these steps?
Approach the Maharashtra State Commission for Backward Classes. we Filed the but school committee is not responding to them4
****, since you've already approached the Maharashtra State Commission for Backward Classes and the school committee is not responding, you may consider the following steps:
- **Follow Up:** Regularly follow up with the Commission to ensure your complaint is being addressed.
- **Legal Assistance:** Consult a lawyer to send a legal notice to the school management for non-compliance.
- **Writ Petition:** You can file a writ petition in the Bombay High Court to seek judicial intervention.
Would you like assistance with contacting a lawyer or more details on filing a writ petition?
yes
~Nearest Court: Bombay High Court, Bench at Goa

Phone: +*-*-*-*
Address: Lyceum Complex, Altinho, Panaji, Goa - *
Website: www.hcbombayatgoa.nic.in

Filing a writ petition:
*. **Consult a Lawyer:** Essential for drafting and filing the petition.
*. **Prepare Documents:** Gather all relevant documents, including your service records, seniority details, and previous communications.
*. **Draft Petition:** The lawyer will help draft the petition, outlining the violation of your rights.
*. **File Petition:** Submit the petition with the court.
Would you like assistance finding a lawyer?
also they are mentally harassing me for all this and sending me different latter i need help i need details rule of and regulation
****, here are some general rules and regulations that might be relevant to your case:
*. **Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, *:**
- **Section *:** Promotions must be based on seniority.
- **Rule *:** Promotions should follow the Maharashtra Employees of Private Schools (MEPS) Rules.
*. **Prevention of Atrocities Act, *:**
- **Section *:** Prohibits discrimination and harassment of Scheduled Castes and Scheduled Tribes.
*. **Maharashtra State Commission for Backward Classes Act, *:**
- **Section *:** The Commission can investigate and recommend actions on complaints.
Would you like assistance in connecting with a lawyer to address the harassment and file a case?
I submit my complaint to the national SC ST commision
****, since you've already submitted your complaint to the National SC/ST Commission, here are additional steps you can consider:
- **Follow Up:** Regularly follow up with the National SC/ST Commission to ensure your complaint is being addressed.
- **Legal Assistance:** Consult a lawyer to send a legal notice to the school management for non-compliance and harassment.
- **Writ Petition:** File a writ petition in the Bombay High Court to seek judicial intervention for both promotion and harassment issues.
Would you like assistance in connecting with a lawyer?
is rti will work for this situation
****, an RTI (Right to Information) request can be helpful in obtaining specific information related to your case. Here are some steps:
*. **File an RTI Application:** Request information on the school's promotion policy and decisions.
*. **Target Authorities:** Submit it to the Public Information Officer (PIO) of the school or the education department.
Would you like guidance on how to file an RTI application?
yes
****, filing an RTI application can help you gather essential information. Here are the steps:
*. **Draft Application:** Clearly state the information you seek.
*. **Address It:** To the Public Information Officer (PIO) of the school or the education department.
*. **Submit:** Send via registered post or online (if available).
Would you like a sample format for the RTI application?
yes according to my content please make it for me
Sure, ****. Here's a sample RTI application format for your situation:
---
**To: The Public Information Officer (PIO)**
Phondaghat Education Society, New English School & Junior College Phondaghat
Tal. Kankavali, Dist. Sindhudurg
Maharashtra
**Subject: Request for Information under RTI Act, ***
**Dear Sir/Madam,**
I, ****, residing in Sindhudurg, Maharashtra, and working as a teacher in Phondaghat Education Society, New English School & Junior College Phondaghat, request the following information under the Right to Information Act, *:
*. **Promotion Policy:**
- What are the criteria and guidelines for promotions within the school, specifically for the post of Headmaster and Supervisor?

*. **Seniority List:**
- Provide the seniority list of teachers eligible for promotion from Assistant Teacher to Supervisor and Headmaster as of the latest update.

*. **Promotion Decisions:**
- Details of all promotions and appointments made for the posts of Supervisor and Headmaster since *, including the names of the individuals promoted, their qualifications, and the selection criteria used.

*. **Compliance with Education Officer’s Orders:**
how RTI will help me
Filing an RTI can help you by:
*. **Accessing Information:** Obtain official documents regarding the promotion policy and decisions.
*. **Evidence Collection:** Gather evidence to support your claims of discrimination and non-compliance.
*. **Transparency:** Ensure the school's actions are transparent and accountable.
Would you like more assistance with the RTI process?
yes
Sure, ****. Here are the steps to follow for filing an RTI application:
*. **Draft Application:** Clearly specify the information you seek.
*. **Address It:** To the Public Information Officer (PIO) of the school or the education department.
*. **Submission:** Send the application via registered post or submit it online (if available).
Here's your RTI application format for your situation:
---
**To: The Public Information Officer (PIO)**
Phondaghat Education Society, New English School & Junior College Phondaghat
Tal. Kankavali, Dist. Sindhudurg
Maharashtra
**Subject: Request for Information under RTI Act, ***
**Dear Sir/Madam,**
I, ****, residing in Sindhudurg, Maharashtra, and working as a teacher in Phondaghat Education Society, New English School & Junior College Phondaghat, request the following information under the Right to Information Act, *:
*. **Promotion Policy:**
- What are the criteria and guidelines for promotions within the school, specifically for the posts of Headmaster and Supervisor?
*. **Seniority List:**
- Provide the latest seniority list of teachers eligible for promotion to the Headmaster and Supervisor positions.
now add more topic
Sure, ****. Here are additional topics that may be relevant to your situation:
Harassment and Workplace Discrimination:
*. **Anti-Discrimination Laws:**
- **Prevention of Atrocities Act, *:** Protects against discrimination and harassment of Scheduled Castes and Scheduled Tribes.
- **Equal Remuneration Act, *:** Ensures equal pay for equal work, preventing discrimination based on religion, caste, etc.
*. **Mental Harassment:**
- **Industrial Employment (Standing Orders) Act, *:** Prohibits harassment and unfair treatment at the workplace.
- **Indian Penal Code (IPC) Section *:** Addresses acts intending to insult the modesty of a person.
Legal Recourse for Harassment:
*. **Complaint Filing:**
- **Internal Complaint Committee (ICC):** Approach the school's ICC if one exists, to file a harassment complaint.
- **National Human Rights Commission (NHRC):** File a complaint for human rights violations.
*. **Legal Action:**
- **Consult a Lawyer:** Seek legal advice to file a lawsuit for harassment and discrimination.
- **Police Complaint:** File a complaint under relevant IPC sections for mental harassment.
i have one as this is government added school, commette is giving me theats of we will dissmis you form the school
****, here are steps you can take if you are receiving threats of dismissal:
*. **Collect Evidence:**
- Keep all documents and communications that indicate threats or harassment.
*. **File a Complaint:**
- Submit a formal complaint to the Maharashtra State Commission for Backward Classes.
- Notify the National SC/ST Commission about the threats.
*. **Legal Assistance:**
- Consult a lawyer to draft and send a legal notice to the school management.
*. **RTI Application:**
- File an RTI to request information on the criteria for dismissal and complaints procedures.
Would you like to know how to draft a legal notice or need more information on filing a police complaint?
what is dissmisal critera in my case
****, here are some general criteria for dismissal from a government-aided school in Maharashtra:
*. **Misconduct:** Includes insubordination, negligence, and any behavior violating school policies.
*. **Inefficiency:** Inability to perform job duties effectively.
*. **Absenteeism:** Unauthorised absence for a prolonged period.
*. **Criminal Conduct:** Involvement in criminal activities.
*. **Violation of Rules:** Breach of service conditions under the Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, *.
Would you like assistance on how to address these threats legally?
yes
****, here are steps to address the threats of dismissal legally:
*. **Consult a Lawyer:**
- Essential for drafting a legal notice and providing legal advice.

*. **File a Complaint:**
- Submit a formal complaint to the Maharashtra State Commission for Backward Classes and the National SC/ST Commission about the threats.
*. **Gather Evidence:**
- Collect all documents and communications related to the threats and harassment.
Would you like help with drafting a legal notice or more details on filing a police complaint?
if i put my case into the high court then how much time it will take to get the result
****, the time it takes for a case to be resolved in the High Court can vary widely depending on several factors:
- **Case Complexity:** More complex cases take longer.
- **Court Backlog:** Courts with higher caseloads may take more time.
- **Urgency:** Some cases can be fast-tracked if deemed urgent.
Generally, it could take anywhere from a few months to several years. Would you like to know more about the filing process or need assistance connecting with a lawyer?
i need more information about all this laws
Sure, ****. Here are some key laws and regulations that may apply to your situation:
Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, *
- **Section *: Seniority Lists and Promotions**
- Promotions should be based on seniority and merit.
- **Rule *: Criteria for Promotions**
- Promotions must follow the Maharashtra Employees of Private Schools (MEPS) Rules.
Prevention of Atrocities Act, *
- **Section *: Prohibition of Discrimination**
- Protects against discrimination and harassment of Scheduled Castes and Scheduled Tribes.
Maharashtra State Commission for Backward Classes Act, *
- **Section *: Investigation and Recommendations**
- The Commission can investigate complaints and recommend actions.

Right to Information (RTI) Act, *
- **Transparency and Accountability**
- Allows you to obtain official information and documents from public authorities.
Industrial Employment (Standing Orders) Act, *
- **Prohibition of Harassment**
- Prohibits unfair treatment and harassment at the workplace.
Would you like to discuss any specific law in more detail or need assistance with a particular legal action?
Promotions must follow the Maharashtra Employees of Private Schools (MEPS) Rules. detail rule
****, here are the key details of the Maharashtra Employees of Private Schools (MEPS) Rules pertaining to promotions:
*. **Seniority Lists:**
- Schools must maintain an updated seniority list of all employees, which should be reviewed annually.
*. **Promotion Criteria:**
- Promotions must be based on seniority and merit.
- Eligibility for promotion requires a minimum period of service in the lower post.
*. **Selection Process:**
- An internal committee, including the headmaster and senior teachers, should handle the promotion process.
- The committee must follow transparent procedures, ensuring fair consideration for all eligible candidates.
*. **Documentation:**
- Detailed records of the promotion process should be maintained and made available for review if required.
Would you like assistance with any specific aspect of these rules or need help taking further action?
with act
****, here are the detailed rules for promotions under the Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, *, and the associated MEPS Rules:
Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, *
Section *: Seniority Lists and Promotions
- **Seniority Lists:**
- Schools must maintain an updated seniority list of all employees.
- The list should be reviewed and updated annually.
- **Promotion Criteria:**
- Promotions should be based on seniority and merit.
- A minimum period of service in the lower post is required for eligibility.
MEPS Rules
- **Rule *: Criteria for Promotions**
- **Seniority and Merit:** Promotions are decided based on both seniority and merit.
- **Internal Committee:** An internal committee, including the headmaster and senior teachers, oversees the promotion process.
- **Transparent Procedures:** The committee must follow transparent and fair procedures.
- **Documentation:** Detailed records of the promotion process must be maintained and available for review.
- **Eligibility:** Specific criteria and guidelines must be met for eligibility, such as qualifications and performance.
Would you like more information on how to take action based on
can you do one thing where can connect more for this to get fast resolution of my case
****, here are some steps you can take to get a faster resolution for your case:
~Nearest Court: Bombay High Court, Bench at Goa
Phone: +*-*-*-*
Address: Lyceum Complex, Altinho, Panaji, Goa - *
Website: www.hcbombayatgoa.nic.in

Steps for Quick Resolution:
*. **Consult a Lawyer:**
- Essential for legal advice and drafting required documents.
- A lawyer can expedite the process by ensuring proper filing and follow-up.
*. **Follow Up:**
- Regularly follow up with the National SC/ST Commission and the Maharashtra State Commission for Backward Classes.
*. **File a Writ Petition:**
- Seek judicial intervention in the Bombay High Court for urgent relief.
*. **Gather Evidence:**
- Collect all relevant documents and communications to support your case.

Would you like assistance connecting with a lawyer or more details on filing a writ petition?
school commettee is harrasing me now i want somethig that i can also put them in big trouble
****, here are some steps to take action against the school committee for harassment:
*. **File a Police Complaint:**
- **Under IPC Section *:** For criminal intimidation.
- **Under IPC Section *:** For insulting modesty.
*. **Consult a Lawyer:**
- Draft a legal notice highlighting harassment and threats.
*. **Approach the National SC/ST Commission:**
- File a detailed complaint regarding the harassment.
*. **File a Writ Petition:**
- Seek judicial intervention in the Bombay High Court for harassment and threats.
Would you like assistance with drafting a police complaint or connecting with a lawyer?
when i lodged the complaint to the National SC ST commission I got reply are as follow
****, since you've already lodged a complaint with the National SC/ST Commission and received a reply, here are some steps you can take next:
*. **Follow Up:** Regularly contact the National SC/ST Commission to check the status of your complaint.
*. **Consult a Lawyer:** Get legal assistance to send a legal notice to the school management and draft any necessary documents.
*. **File a Police Complaint:** Report the harassment and threats to the local police.
*. **Seek Judicial Intervention:** File a writ petition in the Bombay High Court for urgent relief.
Would you like help with drafting a legal notice or filing a police complaint?
Discrimination by denial of promotion-State Governments/UTs Administrations Ministries/Departments. Sir/Madam, Whereas a Petition/complaint/information has been received by the National Commission for Scheduled Castes from **** dated */*/* as enclosed and the Commission has decided to investigate/inquire into the matter in pursuance of the powers conferred upon it under Article * of the Constitution of India. You are hereby requested to submit the facts and information on the action taken on the allegations/matters to the undersigned within * Days of receipt of this notice either by post or in person or by any other means of communication. Please take notice that in case the Commission does not receive reply from you within the stipulated time, the Commission may exercise the powers of Civil Courts conferred on it under Article * of the Constitution of India and issue summons for your appearance in person or by a representative before the Commission.
****, it looks like the National SC/ST Commission is actively investigating your case. Here are your next steps:
*. **Follow Up with the Commission:**
- Regularly check the status of your complaint with the National SC/ST Commission.
*. **Gather Evidence:**
- Keep all communications and documents related to the case and harassment.
*. **Consult a Lawyer:**
- Get legal advice to draft necessary documents and send a legal notice to the school management for non-compliance and harassment.
*. **File a Police Complaint:**
- Report the harassment and threats to your local police station under IPC Sections * and *.
Would you like assistance with drafting a legal notice or filing a police complaint?
what we do there are using there political power
****, if the school committee is using political power to harass you, here are steps you can take:
*. **File a Police Complaint:**
- **Under IPC Section *:** For criminal intimidation.
- **Under IPC Section *:** For insulting modesty.
*. **Consult a Lawyer:**
- Draft a legal notice highlighting harassment and political interference.
*. **Follow Up with Commissions:**
- Regularly check with the National SC/ST Commission and the Maharashtra State Commission for Backward Classes.
*. **Media/Public Support:**
- Consider approaching media outlets to bring public attention to your case.
Would you like assistance with any of these steps?
ok
****, here are specific steps for your next actions:
File a Police Complaint:
*. **Criminal Intimidation (IPC Section *):**
- Report threats and intimidation by the school committee.
*. **Insulting Modesty (IPC Section *):**
- Report any actions that insult your dignity.
Consult a Lawyer:
- **Legal Notice:**
- Draft a legal notice highlighting harassment and political interference.
- **Writ Petition:**
- File for judicial intervention in the Bombay High Court.
Follow Up with Commissions:
- Regularly check with the National SC/ST Commission and Maharashtra State Commission for Backward Classes.
Media/Public Support:
- Approach media outlets to bring public attention to your case.
Would you like assistance with drafting a police complaint or connecting with a lawyer?
how power has the scst commission
The National SC/ST Commission holds significant powers to address your case, including:
*. **Investigative Powers:**
- Can investigate complaints and summon individuals or representatives.
- Can require the production of documents and evidence.
*. **Legal Powers:**
- Holds powers of a Civil Court under Article * of the Constitution.
- Can issue summons, enforce attendance, and examine witnesses.
*. **Recommending Actions:**
- Can issue recommendations to the government for action against violators.
- Can suggest policy changes to prevent future discrimination.
Would you need more assistance on how to leverage these powers effectively?
yes
****, here are steps to effectively leverage the powers of the National SC/ST Commission:
*. **Follow Up:**
- Regularly contact the Commission to check the status of your complaint and ensure they are actively investigating your case.
*. **Provide Detailed Evidence:**
- Submit all relevant documents, communications, and evidence of harassment and discrimination to the Commission.
*. **Request Summons:**
- If the school management is non-compliant, request the Commission to issue summons for their appearance.
*. **Seek Recommendations:**
- Ask the Commission to recommend specific actions to the government against the school management.
*. **Publicize the Case:**
- Consider informing media outlets to bring public attention to the Commission's involvement and your case.
Would you like assistance with drafting detailed evidence or connecting with media outlets?
also where can i file my complaint
****, you can file your complaint at the following locations:
~Nearest Court: Bombay High Court, Bench at Goa
Phone: +*-*-*-*
Address: Lyceum Complex, Altinho, Panaji, Goa - *
Website: www.hcbombayatgoa.nic.in

~Maharashtra State Commission for Backward Classes
Phone: +*-*-*-*
Address: 3rd Floor, New Administrative Building, Madam Cama Road, Hutatma Chowk, Mumbai - *
Website: www.mscbc.in

~National SC/ST Commission
Phone: +*-*-*-*
Address: 5th Floor, Lok Nayak Bhawan, Khan Market, New Delhi - *
Website: www.ncsc.nic.in

Would you like assistance with any specific location or further steps in your case?
rather than that
****, let's focus on your next steps:
*. **File a Police Complaint:**
- **Criminal Intimidation (IPC Section *):** Report threats.
- **Insulting Modesty (IPC Section *):** Report any actions that insult your dignity.
*. **Consult a Lawyer:**
- **Legal Notice:** Draft a legal notice highlighting harassment and political interference.
- **Writ Petition:** File for judicial intervention in the Bombay High Court.
Would you like assistance with drafting a police complaint or connecting with a lawyer for further action?
now there is one question now i have 1 year of increament then i need full compensation
****, for your increment and compensation issue, here are steps you can take:
*. **Check Employment Contract:**
- Review the terms related to increments and compensation.
*. **File a Grievance:**
- Submit a formal grievance to the school management.
*. **Consult a Lawyer:**
- Seek legal advice to ensure your rights are protected.
Would you like assistance in drafting a grievance or connecting with a lawyer?
this is government added school
****, considering it's a government-aided school, here are specific steps for addressing your compensation and increment issue:
*. **Review Employment Terms:**
- Check your employment contract and any school policies on increments and compensation.
*. **File a Grievance:**
- Submit a formal grievance to the school's management highlighting your concerns about the increment and compensation.
*. **Approach Authorities:**
- File a complaint with the Maharashtra State Commission for Backward Classes and the National SC/ST Commission.
*. **Consult a Lawyer:**
- Seek legal advice to ensure your rights are protected and consider sending a legal notice.
Would you like assistance with drafting a grievance or connecting with a lawyer?
please and let me know
****, here are steps to address your increment and compensation issue at a government-aided school:
*. **Review Employment Terms:**
- Check your employment contract and school policies on increments and compensation.
*. **File a Grievance:**
- Submit a formal grievance to the school management.
*. **Approach Authorities:**
- File a complaint with the Maharashtra State Commission for Backward Classes and the National SC/ST Commission.
*. **Consult a Lawyer:**
- Seek legal advice for sending a legal notice and ensuring your rights are protected.
Would you like assistance in drafting a grievance or connecting with a lawyer?
because they are not giving me the promotion what i have to do i also lose my increament
****, here are steps you can take to address the lack of promotion and increment:
*. **File a Grievance:**
- Submit a formal grievance to the school management regarding the denial of promotion and increment.
*. **Consult a Lawyer:**
- Seek legal advice to send a legal notice to the school management.
*. **Approach Authorities:**
- File a complaint with the Maharashtra State Commission for Backward Classes and the National SC/ST Commission.
Would you like assistance in drafting a grievance or legal notice?