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2021 Supreme(Bom) 367

R.D.DHANUKA, R.I.CHAGLA
Sou. Chaya Pandurang Tathe – Appellant
Versus
Pune Municipal Corporation through Education Department – Respondent


Advocates:
Advocate Appeared:
For the Petitioners: Mr. A.V. Anturkar, Mr. Sugandh B. Deshmukh.
For the Respondents: Mr. R.S. Khadapkar, Mr. N.C. Walimbe, Ms. Manjiri Parasnis, Mr. Yuvraj Patil, Mr. Pankaj Deokar.

JUDGMENT :

R.D. DHANUKA, J.

1. Rule. Learned counsel appearing for the respondents waive service. By consent of the parties, the petition is heard finally. Some of the relevant facts for the purpose of deciding this writ petition are as under.

2. By this petition filed under Article 226 of the Constitution of India, the petitioners have prayed for a writ of certiorari for quashing and setting aside the seniority list dated 20th February, 2018 published by the respondent no. 1-Pune Municipal Corporation. The petitioners are the primary teachers. Prior to 9th January, 1999, the petitioners were working with the Pune Zilla Parishad in 23 erstwhile villages which were later on merged in Pune Zilla Parishad. On 1st January, 1999, the services of the petitioners were absorbed in respondent no. 1 after inclusion of the erstwhile 23 villages within the municipal limits of respondent no. 1. It is the case of the petitioners that after absorption of the petitioners on 1st November, 1999 with the respondent no. 1 Corporation, their services were considered as per their initial date of appointment and were given the benefit of the seniority. On 1st May, 2012, the respondent no. 1 prepared the sen

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