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2009 Supreme(All) 2149

DILIP GUPTA, C. K. PRASAD
VEENA MISHRA – Appellant
Versus
REGIONAL DEPUTY DIRECTOR OF EDUCATION, VARANASI – Respondent


Advocates:
Counsel :
A.N. Tripathi, Arvind Kumar Mishra and R.P. Mishra for the Appellants; M.K. Gupta and S.C. for the Respondents.

JUDGMENT

By the Court.—Veena Misra has filed this Special Appeal under Rule 5 of Chapter VIII of the Allahabad High Court Rules, 1952 for setting aside the judgment and order dated 10th April, 2009 passed by a learned Judge of this Court by which Writ Petition No. 9790 of 1994 filed by her for a direction upon the respondents not to disturb her seniority was dismissed.

2. Savitri Singh, who was respondent No. 3 in the aforesaid writ petition filed by Veena Mishra, had also filed Writ Petition No. 38621 of 1994 for treating her to be senior to Veena Mishra. Both the petitions decided together by the common judgment and order dated 10th April, 2009. The petition filed by Savitri Singh was allowed and it was held that Savitri Singh is senior to Veena Mishra. The appellant who was respondent No. 4 in the writ petition filed by Savitri Singh has not filed any Special Appeal to assail this judgment.

3. The core issue in both the writ petitions, as would be evident from the prayers contained therein and the judgment, is as to which of these two teachers is senior.

4. The prayers contained in the writ petition filed by Veena Mishra are as follows :

“(a) issue a writ, order or direction in t































































































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