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2005 Supreme(Bom) 520

A.P.DESHPANDE, B.R.GAVAI
NARENDRA ISHULAL RAHANGDALE – Appellant
Versus
STATE OF MAHARASHTRA – Respondent


Judgment

B. R. GAVAI, J.

( 1 ) RULE. Rule made returnable forthwith. In Writ Petition No. 3311/2004, Mr. A. G. Mujumdar, A. G. P. waives notice for respondent No. 1; Mrs. Munshi waives notice for respondents No. 2 and 3 and Shri Pardhy waives notice for respondents No. 4 and 5. In Writ Petition No. 3942/2004 and Writ Petition No. 3943/2004, Mr. A. G. Mujumdar, A. G. P. waives notice for respondent No. 1; Mrs. Munshi waives notice for respondents No. 2 and 3. In Writ Petition No. 6113/2004, Mr. D. B. Patel, the learned A. G. P. waives notice for respondents No. 1, 2 and 3; Shri Pardhy waives notice for respondents no. 4 and 5. Heard by consent of parties.

( 2 ) SINCE a common question, as to whether the service conditions of teachers working in the Secondary Schools managed by Zilla Parishads, are governed by the provisions of the Secondary School Code (hereinafter referred to as the Code) or by the provisions of Maharashtra Civil Services (Regulation of seniority) Rules, 1982, (hereinafter referred to as the MCSR rules) is involved in all these four petitions, they are being decided by this common judgment. The facts in brief in each of the petitions are as under: the petitioner in

































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