S.S. Sudhalkar, J. - (1.) BY this writ petition, the petitioner is seeking quashing of the order dated 27.6 -1983, 10.10.1983 and 6.6.1988, Annexure P/3, P/5 and P/6 respectively. In the prayer clause, the petitioner has not prayed for promotion, however, in the opening page of the writ petition, such prayer of promoting her to the post of Director Physical Education (for short D.P.E.) w.e.f. 27.6.1983 has been made.
(2.) ANNEXURE P/3 is the promotion order of respondent No. 4. By order annexure P/5, representation of the petitioner was rejected and vide annexure P/6, appeal filed by the petitioner was also rejected. The petitioner joined service as P.T.I, on 21.6.1972. She passed in diploma in Physical Education on 28.3.1979 from Nagpur University. Respondent No. 4, who had already passed the said diploma in the year 1975, joined service as P.T.I, on 24.8.1979. When the question regarding promotion to the post of Director Physical Education arose, respondent No. 4 was given preference over the petitioner. The petitioner states that she being senior in service to respondent No. 4 should have been considered for promotion before respondent No. 4 was promoted.
(3.) THE official respondents have taken a stand in their written statement that respondent No. 4 having passed the diploma in Physical Education earlier in the year 1973, she stood senior and had to be considered earlier than the petitioner for promotion. This is stated by the respondents in paragraph No. 4 of the written statement. In paragraph 4, the official respondents have inter -alia stated as under : - "... It is submitted that according to the instructions contained in letter No. 15/13 -79 -4 -ED -III dated 19/21.11.1979 the seniority for promotion of masters/Mistresses is determined from the date of passing the B.Ed./D.P.Ed. Examination.";