GUJARAT ADIVASI VIKAS PARISHAD Vs. HIRAJI JELAJI BHAGORA

JUDGEMENT

(1.) By way of the present writ petition, the petitioner seeks to challenge order dated 27/28.01.2010 passed by the Gujarat Secondary Education Tribunal (the Tribunal) in Execution/ Darkhast Application No.2 of 2009, whereby the petitioner School is directed to pay the alleged outstanding dues of respondent No.1 from the maintenance grant given by the State Government.

(2.) The brief facts of the case are that : the petitioner School is a registered private Secondary School. According to respondent No.1, he is having qualifications of B.A. B.Ed. As there was a post of Assistant Teacher vacant in the petitioner School, In April 1987 an advertisement was issued in the newspaper Arvalli Sandesh. Pursuant to the same, respondent No.1 applied, and on 28.05.1987 interview was conducted by a duly constituted selection committee and respondent No.1 was selected. By order dated 05.06.1987, respondent No.1 was appointed as Assistant Teacher w.e.f. 15.06.1987. Since then respondent No.1 is discharging his duties on the said post.

(3.) On 15.03.1996 respondent No.1 filed Application No.244 of 1996 before the Tribunal with a grievance that though his appointment is made on a clear vacancy, he is not being paid full salary but is paid less amount. It was the case of respondent No.1 that he was being paid a token amount of Rs.400/month, though he is entitled for full pay as per the Rules. It was the case of respondent No.1 that as he had received threats from petitioner School management about his termination, he filed the aforesaid application before the Tribunal on 15.03.1996.