ANKUR SEVA PRATISTHAN SANCHALI Vs. DHIMANTKUMAR AMRUTLAL BHAVSAR

JUDGEMENT

(1.) The present petition is directed against the judgement dated 8.1.2002 passed by the Gujarat Secondary Education Tribunal (hereinafter referred to as the 'Tribunal') in Application No.537 of 1990, whereby the Tribunal has held that the applicant would be entitled to receive salary for the period from 15.6.1987 to 20.4.1990 as prescribed by the State Government from the fund of the School Management Trust and not from the grant and the School Management is directed to pay the salary accordingly.

(2.) The short facts are that the petitioner Trust made the application for recognition of secondary section of the School in 1987 and anticipating the recognition of the School, the petitioner School admitted certain students and started secondary section. However, as the recognition was not available at the relevant point of time, no regular appointment of teachers could be made. As per the petitioner, the respondent No.1 approached them and he offered his service and, therefore, he was appointed as Honorary Teacher in the School. Thereafter, on 1.11.1988 the recognition was granted with retrospective effect in pursuance to which the recruitment process was also undertaken, but the respondent was not selected as the regular teacher, since he was not found suitable. Under these circumstances, the respondent No.1 preferred application before the Tribunal being Application No.537 of 1990 and prayed that respondent therein, who is the petitioner herein be directed to pay the salary, declaring that the action of the School of not paying the salary from 1987 to 20.4.1990 be declared as illegal and it may be declared that the applicant is entitled to the salary and school be directed to pay the salary. The Tribunal at the conclusion of the proceedings passed the above referred judgement. Under these circumstances, the present petition before this Court.

(3.) It may be recorded that this Court, when considered the matter for the first time on 13.8.2002 interim relief was granted on 29.8.2002 against the operation and implementation of the judgement and order of the Tribunal on condition that the amount of Rs.8,000/- is deposited by the petitioner herein with the School and the learned Counsel states that the amount has been deposited and she is having the receipt for the same.