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2000 Supreme(Bom) 533

A.P.SHAH, B.H.MARLAPALLE
Bhalchandra Tilak Juikar – Appellant
Versus
State of Maharashtra & others – Respondent


JUDGMENT - B.H. MARLAPALLE, J.:---The short question that falls for our consideration in these two writ petitions is whether the services rendered by the petitioners as an assistant teacher in Zilla Parishad School before their absorption in municipal school can be counted for the purpose of fixing the seniority amongst the teachers.

2. In both the petitions the petitioners were employed by the Raigad Zilla Parishad as assistant teacher. The petitioner in Writ Petition No. 3228 of 1997 viz. Shri Balchandra Juikar was working as assistant teacher in the primary school conducted by the Zilla Parishad with effect from 8-8-1961. However, after the formation of the Khopoli Municipal Council, the petitioner was transferred to the Municipal School with effect from 1-7-1975. He was given option vide letter dated 24-1-1975 whether he would like to join the employment in the Khopoli Municipal Council and the petitioner was absorbed in the Municipal School only after taking his consent. It seems that in the seniority list which was prepared in 1981, petitioner's seniority was fixed on the basis of his initial date of appointment in the year 1961. This position was maintained in the seniority l























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