JUDGMENT - B.H. MARLAPALLE, J.:---Both the petitions are connected and the result of Writ Petition No. 2025 of 1991 is solely depended on the decision in Writ Petition No. 1569 of 1984. Both the petitions being between the same parties, are required to be decided by a common judgment.

2. The petitioner has passed his B.Com. Examination in 1961 and came to be appointed as a High School Teacher with effect from 23-7-1962 on a pay-scale of Rs. 100 + Dearness Allowances and he was taking Commerce classes for the High School students in the Higher Secondary School run by respondent No. 2, Municipal Council, whereas the Intervener Shri Parate was an under graduate (B.Sc. fail) when he came to be appointed as a Middle School Teacher with effect from 2-7-1962 by respondent No. 2 in the pay-scale of Rs. 65 + Dearness Allowances. He passed his B.Sc. Examination sometimes in the year 1963. In terms of Rule 7 of the M.P. School Code, both of them are deemed to be confirmed on completion of two years service from the date of joining. Subsequently, the Intervener passed his B.Ed. Examination in 1965 whereas the petitioner passed the same examination in 1966 (Summer). The intervener, though ap

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