VIJAYSINH CHANDL Vs. SECRETARY OF INDREYON SCHOOL

JUDGEMENT

(1.) BY way of this petition under Article 227 of the Constitution of India the petitioner has prayed for an appropriate order quashing and setting aside the impugned judgment and order dated 06. 04. 2004 passed by the Gujarat Secondary Education Tribunal ('the Tribunal' for short) at Ahmedabad in Application No. 349 of 1993.

(2.) THE petitioner who was serving as Watchman on the fixed remuneration without following any procedure and not on the sanctioned setup, approached Gujarat Secondary Eduction Tribunal challenging the action of the respondents in terminating his services and prayed for reinstatement with full back-wages. A grievance was also made with respect to not paying salary as per the Rules.

(3.) CONSIDERING the fact that appointment of the petitioner was not made in accordance with the Rules and post of Watchman was not provided in setup prescribed for secondary schools and considering the fact that appointment was on fixed term salary which was extended from time to time, the learned Tribunal rejected the said application by observing in para 6 as under: