JUDGMENT - D.D. SINHA, J.:---Heard Shri A.P. Deshpande, learned Advocate for the petitioner, Shri R.K. Deshpande learned Advocate for respondent No. 2 and Shri T.R. Kankale, learned A.G.P. for respondents Nos. 1 and 4.

2. The writ petition is directed against the judgment and order dated 23-2-1989 passed by the Presiding Officer, School Tribunal in Appeal No. 45/88-A preferred by the respondent No. 2 which was allowed by the Tribunal.

3. The respondent No. 2 was initially appointed as Assistant Teacher w.e.f. 1-7-1968 in the school run by the petitioner. As per the seniority list published by petitioner-management, respondent No. 2 was the senior most teacher in category 'C' and respondent No. 3 was junior to respondent No. 2. One Shri Vithal Chintaman Gandhewar was appointed as the Headmaster of respondent school on 5-7-1968 and since then he worked as Head Master till 7-5-1968. After Shri Gandhewar was retired as Head Master, the petitioner management appointed respondent No. 3 as Head Master. The respondent No. 2 therefore filed appeal before the School Tribunal. The Tribunal allowed appeal and set aside the appointment of respondent No. 3 to the post of Head Master. Being aggri

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