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1989 Supreme(Bom) 254

V.S.KOTWAL, G.H.GUTTAL
Saramma Varghese – Appellant
Versus
Secretary/President, S. I. C. E. S. Society & others – Respondent


JUDGMENT - G.H. GUTTAL, J.:---The petitioner Mrs. Varghese and the respondent No. 5 Smt. Malati Bhide currently hold the offices of Assistant Teacher, and Assistant headmistress respectively in S.I.C.E.S. High School, Ambarnath. The respondent No. 1 is the Secretary of the S.I.C.E.S. Society who own the School known as 'the S.I.C.E.S. High School' Ambarnath. The respondent No. 2 Smt. Sabitadevi Menon is the Headmistress. The respondents Nos. 3 and 4 are, respectively, the Education Officer and the Chief Executive Officer of Zilla Parishad, District Thane. The State of Maharashtra is the respondent No. 6. The petitioner who claims to be the senior most teacher in the School impugns the validity of the decision of the respondent Nos. 1 and 2 to appoint the respondent No. 5 as the Assistant headmistress and seeks a writ of mandamus directing the respondents to appoint her as the Assistant Headmistress.

2. On the 1st June, 1973, the petitioner applied for a job as teacher in the School. On 5th June, 1983, she received the order of appointment signed by the Principal which reads :

"I have pleasure in informing you that you have been appointed as an Assistant Teacher on Rs. 120/- per month






























































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