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2016 Supreme(Bom) 896

R.D.DHANUKA
Pushpanjali Subodha Shenvi – Appellant
Versus
Nagrik Seva Mandal – Respondent


Advocates Appeared:
For the Petitioner: Mr. Narendra Bandiwadekar.
For the Respondent: Mr. Sudhir Deshpande, Mr. A.R. Metkari, A.G.R., Ms. Swarna Munshi.

JUDGMENT :

By this petition filed under Articles 226 and 227 of the Constitution of India, the petitioner has prayed for a writ of certiorari inter-alia praying for quashing and setting aside the impugned order and judgment dated 4th March, 2016 passed by the learned Presiding Officer, School Tribunal, Navi Mumbai thereby dismissing the appeal filed by the petitioner under section 9(1) (b) of the Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977 and Rules framed thereunder (for short the said MEPS Act and the said MEPS Rules). The petitioner herein had impugned the order of super-session dated 10th July, 2013 issued by the respondent no.1 management promoting the respondent no.4 to the post of the headmaster and had prayed for an order and direction against the management to promote the petitioner on the post of the head mistress w.e.f. 10th July, 2013 and to pay her all the salary as per scale, dues including back wages, emoluments, etc. attached to the said post since 10th July, 2013.

2. Some of the facts for the purpose of deciding this writ petition are as under:-

3. The respondent no.1 is an institution which runs an aided private secondary sch























































































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