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2014 Supreme(SC) 581

J.CHELAMESWAR, A.K.SIKRI
VIMAN VAMAN AWALE – Appellant
Versus
GANGADHAR MAKHRIYA CHARITABLE TRUST – Respondent


JUDGMENT : -

A.K. SIKRI, J.

Leave granted.

2) Dispute in this appeal pertains to the seniority of the appellant vis-a-vis respondent No.4. Both the appellant as well as respondent No.4 are working as teachers in Seth Gangadhar Makhriya High School, Mahabaleshwar, District Satara in Maharashtra. It is not in dispute that the appellant had joined the said school as Assistant Teacher before respondent No.4 and was senior to him in the post of Assistant Teacher. However, respondent No.4 had acquired B.Ed. degree prior to the appellant and on that basis he is treated senior to the appellant in the category of 'Trained Graduate Teachers'. Whether this consequence follows as a result of the rules is the matter of examination in the present case.

3) This question has arisen in the following circumstances:

The appellant joined the service with respondent No.3 School as Assistant Teacher on 24.08.1979, whereas respondent No.4 joined the same post in the same School on 01.09.1980. At the time of her joining, the appellant had not completed her graduation, though it is not in dispute that the appellant fulfilled the requisite qualifications for appointment as Assistant Teacher. She completed he





































































































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