1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. WRIT PETITION NO.4645 OF 2007 (DEVDAS DAWAN DHAWALE Vs EDUCATION OFFICER, Z.P. NAGPUR & OTH....) _____________________________________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders. Court's or Judge's orders __________________________________________________________________________________________ ____ Shri S.P.Bhandarkar, Advocate for Petitioner. Shri T.R.Kankale, A.G.P. for Respondent No.1. CORAM : R.C.CHAVAN, J. DATED : FEBRUARY 25, 2008. 1. By this petition the petitioner takes exception to order passed by respondent No.1 Education Officer on 19.07.2007 holding respondent No.3 to be senior to the petitioner. Respondent No.3 was first appointed on 02.07.1985 for one academic session which was followed by summer vacation break. He was reappointed on 01.07.1986 for another academic session. In the meantime, on 13.11.1986 the petitioner came to be appointed. On 02.07.1987 respondent No.3 was appointed on probation for a period of two years and was confirmed in service on 02.07.1990. The petitioner's grievance is that respondent No.3 was appointed on probation on 02.07.1987 services 2 rendered by respondent No.3 before that date should not have been counted for giving seniority to respondent No.3. This contention has to be rejected because respondent No.3 was appointed for two full academic sessions, on petitioner's own reckoning, before his eventual appointment on probation. Rule 13 of the Maharashtra Employees of Private Schools (Conditions of Service ) Rules, 1981 provides that a teacher who was in service before closing of the school for summer vacation and reappointed on reopening is entitled to vacation pay, implying that the vacation is duty performed by him. Otherwise, there will be no reason for paying salary for vacation period. Therefore, though technically such a teacher is appointed only for the academic session, he would be deemed to be employed even for vacation period and since, the vacation is duty there is no question of condonation of any break. Therefore, it cannot be said that the Education Officer erred in granting seniority to respondent No.3 over the petitioner. The petition lacs 3 merits and, therefore, dismissed. JUDGE RR.