SMT.ANUPAMA KISHOR KHANOLKAR Vs. ABHINAV EDUCATION SOCIETY

JUDGEMENT

(1.) By this petition filed under Article 227 of the Constitution of India, the petitioner has prayed for a writ of certiorari and writ of mandamus for quashing and setting aside the judgment and order dated 30th March, 2002, passed by the School Tribunal, Mumbai dismissing the appeal filed by the petitioner (110 of 1999) and seeks an order and direction against the respondent nos.1 and 2 to reinstate the petitioner as Headmistress of the respondent no.2 school with benefit of seniority, full back wages and all other benefits. Some of the relevant facts for the purpose of deciding this petition are as under :

(2.) The petitioner has passed B.A. and B.Ed. On 12 th June, 1989 the petitioner was appointed as an Assistant Teacher in the respondent no.2 school. In the month of July, 1994, there was a vacancy in the post of Headmistress. It is the case of the petitioner that the petitioner being senior most, as per rules though she ought to have been promoted as the Headmistress in the respondent no.2 school, the management however, appointed Smt.Anuya Mahesh Gaitonde as the Headmistress and superseded the petitioner. The petitioner filed an appeal (141 of 1995) before the School Tribunal, Mumbai challenging her supersession. By a judgment and order dated 13th May, 1997, the School Tribunal allowed the said appeal filed by the petitioner and was pleased to set aside the appointment of said Smt.Anuya Mahesh Gaitonde holding the said appointment as illegal appointment.

(3.) The School Tribunal directed the management to hand over the charge of the Head to the petitioner and further ordered that for the purpose of seniority and pensionary benefits, she will be deemed to be the Headmistress from 7th July, 1994. The School Tribunal directed that the petitioner would be entitled to get the salary and allowances of the post of Headmistress as per the scale applicable to the post with effect from the date of the said judgment and order.