ARVINDKUMAR CHANDULAL PALHAK Vs. MAHAJAN KELVANI MANDAL

JUDGEMENT

(1.) This Review Application dated 27-3-1989 is directed against the order dated 17-4-1980 passed by this Court in Special Civil Application No. 1923 of 1979 and the facts of this case illumine litigious perseverance of the litigating party as petitioner. It is unfortunate that the original petitioner, viz., Arvindkumar Chandulal Pathak expired on 20-6-1994 during the pendency of this Misc. Civil Application (application for review of the order dated 17-4-1980). This Review Application is being pursued by his legal representatives.

(2.) Said Shri Arvindkumar Chandulal Pathak 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 raised by the District Education Officer against his appointment that he did not possess requisite experience to be appointed as Head Master and it was pointed out that school management would not get grant for the pay of the Head Master because the original petitioner appointed as Head Master did not possess the requisite experience. The management, therefore, passed a resolution on 3-9-1971 to terminate his services and, therefore, the original petitioner 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 him by the District Education Officer.

(3.) The original petitioner Shri Arvindkumar Pathak filed a 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 said Act and it was numbered as Application No. 794 of 1976. 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 on and from 1-9-1971 to 7-11-1971 plus one month's notice pay and the amount was directed to be paid to the petitioner on production of Carpenter's receipt for the amount said to have been paid to the Carpenter, which, Shri Pathak had drawn from the account of the school management to be paid to the Carpenter.