STATE OF GUJARAT Vs. RAVINDRA S. SHUKLA

JUDGEMENT

(1.) These petitions under Article 227 of the Constitution of India is filed by the State for setting aside the order dtd. 23/10/2007 passed by the Gujarat Secondary Education Tribunal, Ahmedabad in Application Nos.290/06, 291/06, 16/07, 23 to 25/2007 and 44/07. The applicants before the Gujarat Secondary Education Tribunal, Ahmedabad were the teaching staff/non teaching of the Janta Education Trust Sanchalit, Janta Hindi/Gujarati Madhyamik-Uchchatar Madhyamik Shala of Ahmedabad whose recognizance was canceled by the State Government for different reasons and that time the applicants- teaching staff/non teaching were required to be declared surplus and as such there being a delay in undertaking and concluding the exercise for declaring the teaching staff/non teaching as surplus, the teachers had discharged their duties, as such under the directions of the D.E.O, but were not paid with the salary till the D.E.O. passed a specific order declaring them as surplus. The Tribunal has, therefore, considered the case of teaching staff /non teaching (respondents herein) and ordered that the respondents are entitled to the salaries for the services rendered by them between February-2005 till 28/10/2005.

(2.) It is the case of the State Government that in view of the fact that the school where the respondents were working as Teachers was derecognized on account of irregularities and illegalities, as the school had claimed to be falsely recognized as a minority institution and in fact, the State Government has ordered recovery from the school management to the tune of Rs.22.00 crore and more.

(3.) As against this, learned advocate appearing for the respondents submitted that the initial order passed by the D.E.O refusing to declare the respondents as surplus was based only on the ground that the proposal was required to be moved by the school management and that the D.E.O, therefore, did not consider the proposal, which was forwarded by the school teachers themselves.