VIDYAVARDHAKA SANGHA Vs. Y D DESPANDE

JUDGEMENT

(1.) Leave granted.

(2.) Heard Mr. S.N.Bhat, learned Counsel appearing on behalf of the appellants and Mrs.K.Sarada Devi, learned Counsel appearing on behalf of the respondents.

(3.) Civil Appeal No. 4224/2006 arising out of SLP(C) No. 16412 of 2005 and Civil Appeal No. 4225/2006 arising out of SLP(C) No. 16418/2005 were filed against the final common judgment dt.15.6.2005 of the Division Bench of the High Court of Karnataka at Bangalore in Writ Appeal Nos. 2807/2002 and 2808/2002. We have also perused the judgment in these appeals and also the appointment order and other relevant records. The appointment order appointing the respective respondents herein clearly show that the respondents were appointed in the prescribed scale on temporary basis for the academic year ending on 31st March, 1993 and subject to the approval by the Education Department. The appointment order further states that the services of the temporary employees may be terminated by the management at any time without assigning any reason and without giving any prior notice. This appointment order was issued to Y.D.Deshpande (respondent No. 1 in SLP(C) No. 16412/2005). Another appointment order was issued by the management pursuant to the Resolution of the management in its meeting dt.11.08.1991. The respondent No. 1 in SLP(C) No. 16418/2005 (S.K.Joshi) was appointed as Assistant Teacher in the school in question on consolidated salary of Rs. 400/- per month and on contract basis. The appointment order also further states that the appointment was upto the end of academic year 10.4.1992. It is not in dispute that when the approval of the Government was sought the Government did not approve the appointment for the additional post. It is also not in dispute that the appellants institution is run on the basis of grant-in-aid by the Government. The services of the respondents were terminated in the year 2001 and the respondents without availing the alternative remedy available under the law straightway filed the Writ Petitions in the High Court which were allowed by the learned Single Judge and also on appeal by the management the same was affirmed by the Division Bench of the High Court.