JUDGMENT - DhabE H.W., J.:—The petitioner who is working as a Teacher in one of the secondary schools run by the respondent No. 2 society has challenged the order of the State Government dated 15-11-1988 by which the State Government has held that the services of the respondent No. 3 are continuous and there is no break in his service in the school during the period he was working as a Lecturer in the B.Ed. College of the Nagpur University.

2. The undisputed facts are that the petitioner was appointed as an Assistant Teacher on 8-7-1960 whereas the respondent No. 3 was appointed as a Lecturer in 1957 in the Dharampeth High School run by the respondent No. 2 society. It may be seen that but for the alleged breaks in service, it is not in dispute that the respondent No. 3 was senior to the petitioner, being appointed earlier to him in the school service.

3. Pursuant to the advertisement issued by the Nagpur University, the respondent No. 3 desired to apply for the post of a Lecturer in the B.Ed. College of the Nagpur University, before the commencement of the academic session 1975-76. He made an application to the Head Master of the school on 15-7-1975 claiming that his application sho

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