PRAGATI YUVA MANDAL Vs. PATEL KALPESHKUAMR RAMESHBHAI

JUDGEMENT

(1.) The present petition is filed by the petitioner - Institution under Article 226 and 227 of the Constitution of India challenging the order dtd. 8/9/2011/9/9/2011 passed by the Gujarat Secondary Education Tribunal (hereinafter referred to as "the Tribunal" for the sake of brevity) at Ahmedabad in Application No.91 of 2009, whereby the Tribunal has quashed and set aside the order of termination dtd. 28/4/2009 passed against the respondent No.1 herein. Feeling aggrieved and dissatisfied with the said order passed by the Tribunal, the petitioner - Institution has preferred the present petition with the following prayer :

(2.) The brief facts of the present case in nutshell are that, the respondent No.1 herein was appointed as Shikshan Sahayak in the School of petitioner No.2 herein as per the Government policy declared by the Government vide Government Resolution dtd. 2/7/1999. It is the case of the petitioners that as per the Government Resolution dtd. 2/7/1999, a teaching staff will be appointed as Shikshan Sahayak for first five years on fixed remuneration of Rs.4,000.00 and if the said Shikshan Sahayak completes five years of service satisfactorily, then he/she would be absorbed as Assistant Teacher and would start receiving all benefits which are available to an Assistant Teacher.

(3.) Heard Mr.R.R. Vakil, the learned counsel appearing for the petitioners, Ms.Tejal Vashi, the learned counsel appearing for the respondent No.1 and Ms.Nirali Sarda, the learned AGP appearing for the respondent no.2.