MAHAJAN KELVANI MANDAL Vs. ARVINDKUMAR C PATHAK

JUDGEMENT

(1.) This Special Civil Application was filed by the petitioner in this Court on 7-11-1985 against the order passed on 19-6-1985 in Execution Application No. 20 of 1994 by Civil Judge (S.D.), Godhra, Annexure 'E' to the petition, whereby the Civil Judge (S.D.), Godhra entertained the execution application filed by deceased Arvindkumar Chandulal Pathak directing the Director of Education, Gujarat State to pay the amount equivalent to the salary and allowances to the respondent after deducting the same from the grant of the Mahajan Kelavani Mandal, Nandisar, District Panchmahals and that the Director may issue a direction to the District Education Officer, Godhra to disburse the amount to the respondent through Bank within fifteen days from the date of the order. The original respondent- Arvindkumar Chandulal Pathak (who has already expired on 20-6-1994) was appointed as Head Master in the High School run by Mahajan Kelavani Mandal, Nandisar on probation for one year on 9-11-1970. An objection was also raised by the District Education Officer against his appointment as Head Master that he did not possess requisite experience for appointment as Head Master. It was also pointed out to the school management that the management will not get any grant for the pay of the respondent appointed as Head Master because he did not possess the requisite experience. The management, therefore, passed a resolution on 3-9-1971 to terminate the services of the respondent and thus the respondent who was continuing on probation since 9-11-1970 was terminated at the end of the period of probation on 9-11-1971 after informing him through letter dated 16-10-1971 with regard to the objection raised against his appointment by the District Education Officer. This respondent Arvindkumar Chandulal Pathak then filed Civil Suit in the Court of Civil Judge (J.D.), Godhra on 15-6-1972 challenging the action of the school management and prayed for reinstatement and recovery of the dues of his salary. Thereafter, with the coming into force of Gujarat Secondary Education Act, 1972 with effect from 13-12-1973 the suit was transferred to the Tribunal constituted under the Act. The application was numbered as 794 of 1976 before the Tribunal. The Education Tribunal by its judgment and order dated 21-2-1977 refused the relief of reinstatement and directed the payment of dues of salary for the period 1-9-1971 to 7-11-1971 plus one month's notice pay and this amount was directed to be paid to the petitioner on production of carpenter's receipt for the payment of certain amount to the carpenter which this respondent had taken from the account of the school management to be paid to the carpenter.

(2.) Aggrieved from the aforesaid order dated 21-2-1977 passed by the Education Tribunal this respondent preferred Special Civil Application No. 768 of 1977 before this Court and this Court by its judgment and order dated 13/16-10-1978 remanded the case for considering the question of reinstatement. The Tribunal again passed an order on 25-6-1979 in the remanded proceedings and refused the relief of reinstatement. This respondent Shri Pathak had also filed an application being Application No. 179 of 1979 before the Tribunal praying that he should be paid his dues as if he was on duty throughout right from September, 1971. This application was also rejected by the Tribunal.

(3.) Aggrieved from this judgment and order passed by the Tribunal on 25-6-1979 in Application No. 794 of 1976 refusing the relief of reinstatement and backwages, respondent Shri Arvindkumar Chandulal Pathak again approached this Court for the relief of reinstatement with full back wages through Special Civil Application No. 1923 of 1979 and this Court (Hon'ble Mr. N. H. Bhatt) passed an order dated 17-4-1980 refusing the relief of reinstatement but granted wages till 25-6-1979, i.e., date of the order on which the Tribunal decided the remanded matter. This amount was granted by the High Court by way of compensation in lieu of reinstatement. This order dated 17-4-1980 passed by this Court became final qua the parties with the rejection of Letters Patent Appeal by the Division Bench filed by both the sides and even the grievance of the management against grant of the relief of compensation as was moved before the Supreme Court was not entertained. It may be mentioned that respondent Shri Arvindkumar Chandulal Pathak had even filed writ petition under Art. 32 of the Constitution of India before the Supreme Court but that petition was not entertained by the Supreme Court and respondent Shri Arvindkumar Chandulal Pathak had withdrawn the writ petition before the Supreme Court filed under Art. 32 with a liberty to approach this Court again under Art. 226 of the Constitution of India. However, respondent Shri Pathak did not choose to file fresh petition under Art. 226 but after a period of nearly 9 years on 27-3-1989 he preferred review application for the review of the order dated 17-4-1980 passed by this Court and during the pendency of this review application preferred on 27-3-1989 respondent Shri Arvindkumar Chandulal Pathak expired on 20-6-1994. In the said review application, i.e., Misc. Civil Application No. 394 of 1989 legal representatives of Shri Arvindkumar Chandulal Pathak were brought on record and the review application was argued by the legal representatives of Shri Arvindkumar Chandulal Pathak but that review application has been rejected today by this Court.