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HC partly allows plea over issue of inter se seniority

Panaji: The High Court of Bombay at Goa has partly allowed a petition on an issue of inter se seniority in a Bicholim taluka school. The challenge, in this petition, was to the judgment and order dated March 29, 2019 passed by the Principal District Judge at Panaji in education appeal numbers 8 of 2016 and

3 of  2017.

By the said judgment, the Principal District Judge has allowed the appeals filed by the respondent number 3, assistant teacher and has consequently set aside order dated December 13, 2016 and May 9, 2017 passed by the Director of Education (respondent number 4) on the issue of inter se seniority of the petitioner, acting headmistress and the respondent number 3.

The High Court observed that the education appeal numbers 8 of 2016 and 3 of 2017 are restored to the file of the Principal District Judge for deciding them afresh on their own merits and accordance with law. The parties to appear before the Principal District Judge on July 10, 2020.

The High Court also observed that the question in the present dispute essentially turns upon as to whether the original seniority list for the year 2007-08 or the revised

list is valid. While the original list is in favour of the petitioner, in the revised list, it is the third respondent, who is shown to be senior to the petitioner. It is significant to note that, while the director has held that the revised seniority is not prepared in accordance with Rule 87-A, the Principal District Judge has held that it is

the original seniority list for the year 2007-08 which is not in accordance with the said provisions.

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