1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE NAGPUR BENCH, NAGPUR WRIT PETITION No. 3240/2005 (Ganu Dhalu Gadpal Vs. The E.O. (Sc.) Z.P. Gondia & 4 ors.) Appeal District : Application No. of 200 Writ petition Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions Court's or Judge's orders and Registrar's orders. CORAM : D.D. SINHA & SMT. VASANTI A. NAIK, JJ. DATED : APRIL 9, 2008. Heard Mr. Borkar for the petitioner. Writ petition is directed against the impugned communication dated 10/2/2005 whereby it is held that the respondent no.4 is senior to the petitioner on the basis of the seniority list as well as the requisite qualification acquired by the petitioner as well as the respondent no.4. Considered the contentions canvassed by the learned counsel. Perused the decision of this Court dated 31st July, 2002 in Writ Petition No. 2550/1987. Said petition was filed by the respondent no.4 and this Court, in paragraph 7 of the said 2 judgment, has clearly observed thus- “The petitioner thus admittedly was working as a trained high school teacher from the date of his initial appointment i.e. 16/8/76 till the impugned order was passed on 8/7/87. Thus, neither on the date of his initial appointment nor on the date on which the impugned order was passed on 8/7/87, any post of a middle school teacher was in existence. The impugned order is, therefore, patently bad and liable to be quashed and set aside.” In view of the above referred observations made by the division bench of this Court in the said decision, the impugned communication issued by the Education Officer cannot be said to be bad in law. Hence the petition suffers from lack of merits. Same is dismissed. JUDGE JUDGE RMP