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2020 Supreme(SC) 708

L.NAGESWARA RAO, HEMANT GUPTA, AJAY RASTOGI
MADHAVI – Appellant
Versus
CHAGAN – Respondent


Advocates Appeared:
For the Appellant :Satyajit A. Desai, Akshay Sudame, Anagha S. Desai, Somanatha Padhan, Satya Kam Sharma, Rajiv Dutta, Amlan Kumar Ghosh, Advocates
For the Respondent:Rajiv Dutta, Amlan Kumar Ghosh, Rahul Chitnis, Sachin Patil, Geo Joseph Advocates

JUDGMENT

Hemant Gupta, J.

The present appeals are directed against the common order of the High Court of Judicature at Bombay, Nagpur Bench, whereby, the review of the dismissed writ petition filed by respondent No.11[Hereinafter referred to as 'Chagan'] was allowed and the order passed by the School Tribunal dated 1.1.2016 was set aside.

2. The appellant2[Hereinafter referred as 'Madhavi'] herein was appointed with Shri Samarth Shikshan Sanstha3[For short, the 'School'] on a temporary basis on 16.7.1985. At that time, she possessed graduation and B.Ed, degrees and was accordingly placed in Category C of Schedule F of The Maharashtra Employees of Private Schools (Conditions of Service) Rules, 19814[For short, the 'Rules']. However, she was not appointed against regular vacancy. Chagan was thereafter appointed as Assistant Teacher at the School on 1.8.1985 for teaching the students of Vth to VIIth standards, possessing qualification of Senior Secondary Certificate and Diploma in Education at the time of appointment. He was placed in Category E of Schedule F of the Rules. Both Madhavi and Chagan were appointed for teaching the same section. The School later approved their appointments a


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