JUDGMENT - THAKKER C.K., C.J.:---Rule. Mr. R.D. Rane, learned Additional Government Pleader, on behalf of respondents No. 4, 5 and 6, and Mr. M.S. Lagu, learned Counsel, on behalf of respondent No. 7, appear and waive service of notice of rule. In the facts and circumstances, the matter is taken up for final hearing today.

2.This petition is filed by the petitioner for an appropriate writ, direction or order quashing and setting aside an order dated May 23, 2003 passed by the Education Officer (Secondary), Zilla Parishad, Thane, respondent No. 4 herein, and to allow the petitioner to continue to work in Dnyandeep Vidyalaya, respondent No. 3 herein, as Head Master and to draw salary in accordance with law.

3.The case of the petitioner before this Court is that he was appointed on June 16, 1987 as Assistant Teacher of respondent No. 3 School. Respondent No. 7 was appointed as Assistant Teacher in the same school on June 16, 1986. Thus, considering the initial appointment as Assistant Teacher, respondent No. 7 was senior to the petitioner. It is, however, the case of the petitioner that in 1991, he had completed B.Ed. and, hence, he was placed in Category C. So far as respondent No. 7

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