BHUPESHPURI JASHWANTPURI GOSWAMI Vs. GAURAKSHNATH KELVANI MANDAL

JUDGEMENT

(1.) By way of both these petitions a common order dtd. 3/11/2012 passed by the Gujarat Secondary Education Tribunal in Application Nos. 73 and 74 of 2009 basically is challenged with consequential reliefs. Since background of the fact is almost similar with respect to both these petitions, as per the request of learned advocates, these matters have been taken up conjointly for its adjudication.

(2.) So far as Special Civil Application No. 1698 of 2013 is concerned, the case is that petitioner of this petition was employed as a Teacher since 1985 in respondent No.1 - Educational Institution, which is running a Secondary High School at Gorakhmadi, District : Junagadh. The management of respondent No.1 School was being conducted by the President, namely, Mr. P. Ratandhaira, who was In-charge of the management quite for some time as per the say of the petitioner. The petitioner was entrusted with the charge of Principal of the said school and thus, was acting as an In-charge Principal for about 15 years and more continuously with unblemished record. The petitioner being In-charge was under an obligation to follow the instructions of the management and at that time was expected to obey and follow every instructions / orders of the President.

(3.) Mr. N. V. Solanki, learned advocate has represented the petitioners in both these petitions, Mr. Amar D. Mithani, learned advocate has represented the school management i.e. respondent Nos. 1 and 3 whereas on behalf of the State authority Mr. K. M. Antani, learned Assistant Government Pleader is represented.