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2009 Supreme(Bom) 1377

R.C.CHAVAN
Sumangala W/o. Manoharrao Sakharkar – Appellant
Versus
State of Maharashtra – Respondent


Advocates appeared:
For the Petitioner:S.P. Bhandarkar, Advocate. For the Respondents:R1 to R3, T.R. Kankale, A.G.P., R4 & R5, K.V. Thomas, R6, R.S. Parsodkar, R7, Ms. Kirti Satpute, Advocates.

Judgment :-

1. This petition by a teacher is directed against orders passed by respondent No.3 Education Officer (Secondary), Zilla Parishad, Chandrapur on 30.06.2004 and 02.02.2005 whereby he held the petitioner to be junior to respondents No.6 to 8 in respondent No.5 school run by respondent No.5 society.

2. Facts which are material for deciding this petition are as under:

The petitioner who was B.A. B. Ed. was appointed as Assistant Teacher on 05.01.1981 temporarily up to the end of academic session 198081. After vacation her appointment was continued from 29.06.1981 till the end of academic session 1981-82. On 18.06.1992, she was again appointed for academic session 198283. She was appointed

w.e.f. 27.06.1983 on a continuous basis. All these appointments were approved by respondent No.3 from time to time.

3. The breaks in the service of the petitioner (summer vacations) from 10.05.1981 to 26.06.1981, 09.05.1982 to 17.06.1982, 08.05.1983 to 26.06.1983 were condoned. She had already been paid salary for these periods.

4. Respondent No.8 Dhakate was appointed as Assistant Teacher on 01.02.1969. At that time he was H.S.C., D.P.Ed. He passed B.A. On 14.02.1978 and B. Ed on 05.06.19















































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