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 list prepared in 1990 as well as in 1994 and the petitioner was shown senior the respondents Nos. 5 to 8. In the year 1995 for the first time the seniority was disturbed and the petitioners position in the seniority list which was at Sr. No. 3 in the year 1994 was changed to 46 in the year 1995. On the basis of the said seniority list the respondents Nos. 5 to 8 were promoted but the petitioner was denied promotion. The petitioner made several representations but in vain and therefore the petitioner has approached this Court under Article 226 of the Constitution.

3. Shri J.V. Kulkarni the petitioner in Writ Petition No. 3543 of 1997 was appointed in the school conducted by the Zilla Parishad on 20-9-1961. In the year 1975 the President of the Khopoli Municipal Council had requested the Zilla Parishad to transfer the petitioner from the employment of Zilla Parishad Raigad to Khopoli Municipal Council. A formal letter to that effect was addressed by the President of Municipal Council to the Chief Executive Officer of Zilla Parishad which is annexed at Exhibit A to the petition. The Chief Block Development Officer vide his order dated 17-3-1976 had transferred the services of the petitioner with Khopoli Municipal Council with effect from 20-3-1976 and had relieved the petitioner with effect from the same day. So far as the seniority list during 1980-1981 to 1994 is concerned petitioner was shown senior to respondents Nos. 5 to 8. This was based on the petitioner's original appointment in Zilla Parishad. However, in the seniority list which was prepared in 1995 the petitioner was shown junior to respondents Nos. 5 to 8 and consequently the respondent Nos. 5 to 8 came to be promoted whereas the promotion was denied to the petitioner.

4. We have heard Shri Langote learned Counsel for the petitioners and Shri Gokhale the learned A.G.P. for the State Government and Smt. Khot appearing for the Zilla Parishad. The remaining respondents i.e. promotees are absent despite service of notice.

5. Our attention was drawn to the relevant Government Resolution which is annexed at Annexure No. 2 to the affidavit in reply filed by the Zilla Parishad. The said Government Resolution is of 9-9-1986 and the office translation of the material portion thereof reads as follows :-

“Government Resolution.—After the limits of Municipality are extended, or after the Municipality is converted to Municipal Corporation, the Zilla Parishad Primary School in the extended area, along with the primary teachers working therein are transferred to the Municipality or Municipal Corporation. The question is to whether the service with the Zilla Parishad of those primary teachers who are transferred in this manner to Municipality or Municipal Corporation, should be considered for seniority or not, w

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