KANKAVALI SHIKSHAN SANSTHA Vs. M R GAVALI

JUDGEMENT

(1.) LEAVE granted.

(2.) KANKAVALI Shikshan Sanstha and two others are the appellants in this appeal. This appeal was filed against the judgment and final order dated 05.02.2004 passed by the High Court of Bombay in writ petition no. 3000 of 2003 whereby the High Court allowed the said writ petition of the first respondent herein - Manohar Ramchandra Gavali by setting aside the order dated 31.03.2003 of the School Tribunal, Kolhapur and directed that the first respondent shall be entitled to reinstatement in service with continuity of service and back-wages.

(3.) LEARNED counsel appearing for the Management Mr. Shivaji M. Jadhav submitted that the High Court has gravely erred in not considering the documentary evidence on record which, inter alia, includes the affidavits given by respondent no.1 himself stating that he was appointed on purely temporary basis and that he would not claim any right of permanency on the said post. It was further submitted that the approval to the said appointment of respondent no.1 was given purely on temporary basis only for the academic year 1995-96 and, therefore, respondent no.1 could not be entitled to reinstatement by way of permanency on the said post.