JUDGMENT

Rastogi, J.

1. The dispute in this appeal pertains to the inter se seniority of the appellant vis-a-vis 5th respondent, who were appointed as Assistant Teacher in Secondary School and their services are governed by the Maharashtra Employees of Private Schools (Conditions of Service) Rules, 1981 (hereinafter being referred to as “Rules 1981”).

2. The brief facts that culled out in a nut shell are that the appellant was appointed as Rest. (untrained) Teacher in High School, Smt. Sindhutai Poreddiwar, Gogaon, Distt. Gadchiroli, with effect from 15th July, 1994 vide order of appointment dated 27th June, 1994. Her appointment was purely on temporary basis for a period from 15th July, 1994 to 7th May, 1995 on the terms & conditions as laid down in Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977 and the Rules of 1981 framed thereunder. She qualified her B.Ed examination and became a trained teacher on 19th September, 1997. At the same time, the impleaded 5th respondent was appointed as trained Assistant Teacher vide order of appointment dated 13th August, 1997. On the date of appointment, he was holder of the qualification of B.A., B.Ed. and