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2006 Supreme(Bom) 1476

F.I.REBELLO, ANOOP V.MOHTA
Rekha Lakhi Totlani – Appellant
Versus
Sind Brahma Sikhya Sammelan – Respondent


Per REBELLO F.I. J.: - The petitioner has impugned the seniority list by which respondent Nos. 5, 6, 7 and 8 have been placed senior to the petitioner. The respondent No.9 in fact is junior to the petitioner who stands at Sr. No.7 in the seniority list at Exh. A to the petition. The petitioner therefore, can have no grievance to the seniority of respondent No.9.

The petitioner was appointed as Assistant Teacher on 14-6-1976 and was possessing post graduate decree of M.Sc. The petitioner obtained diploma in higher education in the year 1980 and R Ed. in the year 1991. It is the case of the petitioner that the respondent No.5 to 8 joined after the petitioner and in these circumstances, they ought not to have been placed senior to the petitioner.

2. Rules have been framed under the provisions of the M.E.P.S. Regulation Act, 1977 which are known as Maharashtra Employees of Private Schools Rules, 1981 (hereinafter referred to as Rules).

Rule 12 deals with seniority. It enjoins on the management to prepare a seniority list in accordance with the guide-lines laid down in Schedule "F". We are concerned with Category "C" of Schedule "F". The method of determining inter se seniority is set out















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