KUSUMBA HEMUBHA WAGHELA Vs. PRESIDENT

JUDGEMENT

(1.) BY way of this petition preferred under Article 227 of the Constitution of India, the petitioner has challenged the order dated 6th August 2001 passed by the Gujarat Education Tribunal in Application No.111/2000, whereby the Tribunal declined to order reinstatement of the petitioner in service with all consequential benefits including the salary from 6th July 2000, as prayed for by the petitioner.

(2.) THE petitioner was appointed as a Teacher on 28th June 1993 in Mahalaxmi Primary School, Rajkot, run by respondent no.1 ? Trust. It is her case that she was qualified and trained for the said post. It is also her case that no written order of appointment was given to her. It is alleged that she was ordered to be discharged from service orally on 6th July 2000. THE said order of discharge from service was challenged before the Primary Education Tribunal by filing Application No.111/2000. THE Tribunal, by final judgment dated 6th August 2001, dismissed the application.

(3.) TAKING into consideration the rival contentions of the respective parties and also perusing the order passed by the Tribunal, it appears that the petitioner was working as a Teacher in the school from June 1996. It is undisputed that no procedure whatsoever was followed while appointing the petitioner.