SMT. SABITA DSOUZA Vs. SHRI RAMA CHODANKAR

JUDGEMENT

(1.) This petition involves a dispute as to seniority, which is largely rendered academic because of passage of time.

(2.) Undisputedly, the petitioner had joined the respondent no. 5-School on 12.11.1973 as a under graduate teacher. She obtained B.A. Degree as well as the professional qualification, namely D.Ed. in the year 1979, when she became eligible to be appointed in the trained graduate cadre. The date of appointment and the other details of respondent nos. 1, 2 and 3 are as under: <FRM>JUDGEMENT_272_LAWS(BOM)6_2016_1.html</FRM> Thus undisputedly, the petitioner joined the under graduate cadre, as also obtained the degree and the professional qualification for being eligible to be appointed as a trained graduate teacher, much before respondent nos. 1, 2, and 3.

(3.) It appears that one Mrs. Elsa Soares was working with respondent no. 4-School as a trained graduate teacher. She went on leave w.e.f. 11.08.1980 and it was found that she had joined a School in Kuwait. Undisputedly, Mrs. Elsa Soares sought for extension of leave on a year to year basis till 1984-85 and ultimately, resigned in the year 1985. It is an undisputed position that the leave granted to Mrs. Elsa Soares was extra ordinary leave without pay.