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2022 Supreme(Bom) 485

A. S. GADKARI, S. G. MEHARE
Pandurang S/o Rangnath Kurhe – Appellant
Versus
State of Maharashtra Through it’s Secretary, Education Department – Respondent


Advocates:
Advocate Appeared:
For the Petitioner:Mr. Vaibhav B. Dhage, Advocate
For the Respondent:Mr. S.B. Pulkundwar, AGP, Dr. R.J. Godbole, Advocate, Mr. S.R. Kedar, Advocate

JUDGMENT :

S.G. MEHARE, J.

1. Rule. Rule made returnable forthwith and heard finally with consent of the parties. Heard the respective counsels.

2. The issues involved in both the writ petitions are interlinked, hence, taken up for disposal together.

3. The questions of inter se seniority and appointment as Head of the School have been raised in these petitions.

4. To appreciate the lis between the parties, it will be appropriate to refer to the relevant facts of petitions for consideration conjointly as under :-

Both the petitioners will be referred to by their names hereinafter for convenience.

Petitioner Shri Sase has impugned the Order of respondent no.2/Education Officer dated 05.01.2019, holding petitioner Shri Kurhe senior to him. Petitioner Shri Kurhe has impugned the Order of the same Education Officer dated 21.01.2019, declining approval to his appointment as Head of the School. In view of the directions issued by this Court in W.P. No.10346/2018, the seniority dispute of both Petitioners was decided by respondent no.2 by his Order dated 05.01.2019. By Order dated 05.09.2018, respondent no.2, had accorded sanction in favour of Shri Sase to look after the day to day affairs of th

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