LAWS(BOM)-2000-12-32

SAROJ J KAMBLE KUM Vs. LATA MOHAN

Decided On December 16, 2000
SAROJ J.KAMBLE Appellant
V/S
LATA MOHAN Respondents

JUDGEMENT

(1.) THIS writ petition under Articles 226 and 227 of the Constitution of India, praying for a writ of certiorari for quashing and setting aside the judgment and order of the School Tribunal, Navi Mumbai dated 27-9-1999, allowing the appeal of respondent No. 1, i. e. Smt. Lata Mohan, is preferred by Kum. Saroj J. Kamble. The first respondent has filed the said appeal being Appeal No. 142 of 1997 challenging her reversion from the post of headmistress. This reversion had become necessary because of the order of the School Tribunal in an earlier appeal bearing No. 18 of 1994, which set aside the reversion of the petitioner and found the petitioner entitled to hold the said post of headmistress. It is the post of headmistress which is the bone of contention in this dispute.

(2.) THE litigation has been going on for quite some time. It appears from the seniority list dated 22-1-1993 that respondent No. 1 is senior to the petitioner, having been appointed on 6-6-1979, the petitioner having been appointed on 23-6-1989, though her claim to the post of headmistress on that basis has been rejected, as would appear hereafter.

(3.) THE petitioner was appointed as a teacher in the school run by respondent No. 2 management. On 8-6-1992 she was first promoted as a headmistress and her promotion was approved by the Education Department in 9-2-1993.