BIPINCHANDRA P PATEL Vs. MAFATLAL AMBALAL PRAJAPATI

JUDGEMENT

(1.) In this petition under Article 226 of the Constitution of India, the petitioners have challenged the legality and validity of the judgment and order dated 20.12.2003 passed by the Gujarat Primary Education Tribunal, Ahmedabad passed in Application No.80 of 2003..RS 2.

(2.) This special Civil Application was earlier dismissed by the learned Single Judge of this Court, against which, Letters Patent Appeal No.2557 of 2004 was preferred and the Division Bench of this Court by its order dated 14.3.2005 allowed the said appeal and set aside the order passed by the learned Single Judge of this Court dismissing the Special Civil Application on the ground that the order passed by the learned Single Judge did not contain any reason and that is how the present special civil application came to be heard by this Court.

(3.) It appears from the record that by order dated 22.8.1983, respondent No.1 - Shri Mafatlal Ambalal Prajapati was appointed as Assistant Teacher in the services of Sardar Patel High School ( Primary Section ) and he resumed the duty on 22.9.1983. After a period of almost twenty years he was served with the notice dated 17.1.2003 and was called upon to show cause as to why his services should not be terminated on the ground that his appointment was contrary to the provisions of the Bombay Primary Education Rules, 1949. The respondent No.1 teacher replied to the said show cause notice and by order dated 23.10.2003 the petitioners management passed the order of terminating his services. Being aggrieved and dissatisfied with the order of termination, the respondent No.1 filed application before the Gujarat Primary Education Tribunal ( hereinafter referred to as the "Tribunal" ) with prayers for restraining the management of the school from terminating his service and by order dated 23.10.2003 the Tribunal stayed the order by which services of the respondent No.1 was terminated. Thereafter, the Tribunal by judgment and order dated 20.12.2003 allowed the said application filed by the respondent No.1 and directed his reinstatement with pay and allowance which is challenged by the petitioners by way of present special civil application under Article 227 of the Constitution of India. It is required to be noted that though the present special civil application is termed under Articles 226 and 227 of the Constitution of India, however, in fact the same is under Article 227 of the Constitution of India as the judgment and order of the Tribunal is challenged in the present Special Civil Application.