AHMEDABAD EDUCATION SOCEITY Vs. STATE OF GUAJRAT

JUDGEMENT

(1.) THE appellant Trust which established a primary school in the name and style of A.G. Primary School instituted writ petitions under Article 226 of the Constitution of India being Special Civil Applications No. 13790 to 13793 of 2008 praying for quashing and setting aside the order dated 21.04.2008 passed by the Administrative Officer, Municipal Primary Education Board respondent no. 6 herein, under Section 40B of the Bombay Primary Education Act, 1947 (hereinafter referred to as 'the Act') whereby approval was declined to be accorded to the appellant for terminating the services of respondents no. 3 to 5 as primary teachers on account of closure of certain divisions of concerned standards in the said school for which requisite approval was accorded by the Director, Primary Education respondent no. 2 herein.

(2.) MR . D.C. Dave, learned Senior Counsel appearing with Mr. P.A. Jadeja, learned advocate for the appellant submitted that the learned Single Judge ought to have appreciated that there was no scope for remand of the matter for reconsideration and having come to the conclusion that the impugned order passed by respondent no. 6 was not capable of holding field, the learned Single Judge ought to have simply quashed and set aside the said order passed by respondent no. 6 rather than remanding the same.

(3.) HAVING heard learned advocates for the parties and having gone through the records of the case, it is borne out that the learned Single Judge in para 7 has observed that it appears that in the present case, the opportunity was given to the teacher and the reply has also been submitted and that therefore, first part of Section 40B(1)(a)(i) stands complied with. We are of the opinion that when the procedure under section 40(B) was complied with and the requisite amount of compensation was paid to the respondents teachers, they are legally not entitled for additional amount. However, taking into consideration the pendency of the appeals for these many years and the numerous rounds of litigations the respondents had to undergo, this Court made an endeavour to put an end to the matter by working out a middle path and accordingly some additional amount was offered to each of the teachers which is reproduced hereunder: