JUDGMENT - S.D. GUNDEWAR, J.:---This writ petition is directed against the order dated 4-8-1999 passed by the Education Officer (Secondary), Zilla Parishad, Amravati, whereby respondent No. 2 has been held as senior to petitioner No. 2.

2. A few facts, insofar as they are relevant may be stated as below:

The petitioner No. 2 Gangadhar Sheshrao Dandale was born on 20-8-1945. He was appointed as Assistant Teacher in Shri Baliram Maharaj Vidyalaya. Mardi, Tahsil Tiwsa, District Amravati, on 1-7-1972. At the time of his appointment as assistant teacher, the petitioner No. 2 was under graduate and while in service he improved his qualification and passed his B.Sc. Examination on 13-7-1974 and B.Ed. on 26-5-1976.

Respondent No. 2 Shankar Manikrao Wankhede was born on 5-5-1946. He was also appointed as Assistant Teacher in the aforesaid school on 1-7-1972. At the time of his appointment as Assistant Teacher, the respondent No. 2 was untrained graduate. He also passed his B.Ed. Examination on 26-5-1976.

3. One Shri S.Z. Qureshi, the Head Master of the aforesaid school, was due to retire on 4-5-1998 on attaining the age of superannuation and hence petitioner No. 2 made a representation to

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