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1997 Supreme(Bom) 205

S.H.KAPADIA
St. Theresas High School and another – Appellant
Versus
State of Maharashtra through the Deputy Director of Education and others – Respondent


S.H. Kapadia, J. :---By this writ petition, Management seeks to challenge the judgment and order passed by the School Tribunal on 1-03-1994 in Appeal No. 12 of 1993 by which the School Tribunal allowed the appeal filed by Respondent No. 2 herein by directing the Management to withdraw the order promoting Respondent No. 3 herein to the post of supervisor forthwith. By the impugned judgment, the School Tribunal further directed the Management to pay to the 2nd respondent herein difference in allowances, if any, from the date of her supersession i.e. 26-11-1992 up to the date of her appointment to the post of Supervisor.

2.The facts giving rise to this writ petition, briefly, are as follows:-

3.Respondent No. 2 was appointed as Assistant Teacher on 10-06-1963. Respondent No. 3 was appointed as Assistant Teacher on 10-06-1963. In the circumstances, in the seniority of Assistant Teachers' post, Respondent No. 2 was senior to Respondent No. 3. The post of Assistant teacher is a feeder post and the next higher post is that of a Supervisor. Above the post of Supervisor, the next higher post is that of Assistant Headmaster/Headmistress and above the post of Assistant Headmaster/Headmistress



























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