ANJALI JAYANT KHATI Vs. BAL MANDIR SANSTHA NAGPUR

JUDGEMENT

(1.) All these three Writ Petitions can be disposed of by common judgment since all petitioners seek to challenge their placement in the seniority inter se.

(2.) Facts giving rise to these petitions are as follows: All petitioners came to be appointed as Assistant Teachers in respondent No.1's School. The petitioner in Writ Petition No. 72 of 1994 came to be appointed on 17.07.1987. The petitioner in Writ Petition No. 67 of 1994 came to be appointed w. e. f. 06.07.1987 while the petitioner in Writ petition No. 171 of 1994 came to be appointed on 25.06.1987. After they were so appointed the School was converted into grant-in-aid School. There was, therefore, necessity to fix the seniority of the petitioners. It is contended that the petitioners were required to file Writ Petition No. 2737 of 1992 and other petitions when they were allegedly transferred from one branch of the school to the other branch. This Court in Writ Petition no. 2737 and 2735 of 1992 directed that a Seniority List be prepared. The Seniority List was prepared and was sent for approval to the Education Officer. However, another Writ Petition came to be filed and the seniority was challenged. The Education Officer was directed to consider the objections of the teachers to the seniority list as prepared.

(3.) The respondent No. 1 has filed return and the main contention of the respondent No. 1 School is that seniority has been rightly fixed by the Education Officer. The petitioners services were terminated and therefore there was no continuous service after their initial appointment. Thus respondent No.1 submits that the date of continuous appointment of the petitioners is rightly given in order dated 3.11.1993 which is at Annexure 9 in Writ petition no. 67 of 1994.