( 1 ) THE petitioners who are legal heirs of deceased employee of respondent No. 1 and 2 who had in this writ petition challenged the order/judgment dated 21-9-1993 passed by School Tribunal whereby School tribunal allowed appeal of present respondent No. 3 and held that promotion of deceased employee by order dated the 23-11-1991 to the post of Headmaster at akola school was illegal and in turn directed respondents 1 and 2 to promote respondent No. 3 as Headmaster in place of said employee. This Court granted interim order on 14-1-1994 and that order continues to operate even today. During pendency of petition original petitioner/employee expired and his legal heirs have been brought on record. The respondent No. 1 and 2 run another school at Murtijapur and post of Headmaster therein became vacant in 1994. Against that post, another employee by name Shri Mural has been promoted as respondent Nos. 1 and 2 found him seniormost from backward/reserved category. Shri Mural has also retired on superannuation but he contends that as he happens to be senior than respondent No. 3 Shri Bagade, he needs to be promoted before respondent No. 3 and for this purpose he had filed Civil Applicatio

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