LAWS(SC)-1999-1-73

MANOHAR Vs. SANJAY EDUCATION SOCIETY

Decided On January 18, 1999
MANOHAR Appellant
V/S
SANJAY EDUCATION SOCIETY Respondents

JUDGEMENT

(1.) Leave granted.

(2.) We have heard the learned counsel for the appellant, for the Management and for the fourth respondent. The facts of the case show that the appellant was appointed to the Pandit Nehru Secondary School for academic Years 1991-92.1992-93.1993- 94, 1994-95 and 1995-96 in the post of junior Clerk and this is clear from Annexure p-1 and the other documents filed under that annexure. It is also clear from Annx. P-2, the order of the authority concerned, the education Department, dated 31/1/1996 that the Headmaster of the School sent a proposal to the said authority for approval of the appointment of the appellant as Junior clerk in this School. The said authority accordingly granted such approval on 31/1/1996 to the appointment of the appellant as Junior Clerk in the School in the scale of Rs. 950. 00-1,500. 00 w. e. f. 14/6/1993. Para 5 of the said order also discloses that the appointments are made on the aided classes and, therefore, they are sanctioned.

(3.) However, as things stood thus, it appears that on 23/6/1996, the fourth respondent was appointed as Junior Clerk in the school in place of the appellant. The order appointing the fourth respondent shows that such appointment of the fourth respondent was in respect of the post of Junior Clerk in the School, in the place of the appellant. Therefore, this document also reveals that the initial appointment of the appellant was in the School and the appointment of the fourth respondent in his place was also in the School.