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2021 Supreme(Bom) 1330

N.B.SURYAWANSHI
Matoshri Savitribai Fule Education Society – Appellant
Versus
Education Officer – Respondent


Advocates appeared:
A.S. Deshpande, Advocate, M.A. Barabde, Advocate, P.N. Shende, Advocate

JUDGMENT

N.B. Suryawanshi, J. - Rule. Rule made returnable forthwith. Heard finally with the consent of the parties.

2. This petition takes exception to the judgment of the School Tribunal, Nagpur in Appeal STN No.42/2017 dated 2. 01.2019, whereby the appeal filed by the respondent no.2 is partly allowed and she was granted symbolic promotion to the post of Headmistress and consequential benefits.

3. Facts shorn of unnecessary details are as under :

The petitioner no.1 is the Society runs Mahatma Gandhi Girls High School, Vaishalinagar, Nagpur-17. The petitioner no.2 is the Headmistress of the said school. The respondent no.1 is the Education Officer (Secondary), Zilla Parishad, Nagpur. The respondent no.2 is the Teacher, who by filing appeal before the School Tribunal, challenged her supersession to the post of Headmistress , as according to her, the petitioner no.2 was junior to her and still she was promoted on the post of Headmistress, as she is the wife of the Secretary of the petitioner no.1.

4. The respondent no.2 possesses qualification of BA, MA, D.Ed. and B.Ed. In the year 1989, vide appointment order dated 1.7.1989, the respondent no.2 was appointed as Lower Division Teacher

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