KUSHAPPA MAHADEO KAMBLE Vs. STATE OF MAHARASHRA

JUDGEMENT

(1.) The Petitioner has challenged the impugned order and Judgment of the School Tribunal (the Tribunal), Kolhapur dated 10/12/1999, thereby his Appeal on the ground that Respondent Nos. 1 and 2 forcibly obtained his resignation on 05/01/1997, and illegally terminated his services, was dismissed.

(2.) On 22nd November, 1994, the Petitioner was appointed as a peon in Respondent No.3-Girls High School & Junior College. The Petitioner who is belonging to the Scheduled Castes, became a permanent employee on 30/04/1996. However, full salary was not paid. Therefore, the representation was made by the Petitioner, accordingly to Respondent No. 2. The Petitioner signed the muster roll up to 31/12/1996. As alleged, the Petitioner was forced to sign some blank papers on 05/01/1997 and treated the same as resignation letter by putting undue influence. It was undated and blank resignation letter. The Petitioner kept the carbon copy of the same with him. As Respondent No.3 obstructed the Petitioner to attend the duties on 20th February, 1997, a representation was made to Respondent Nos. 2 and 4 and ultimately on 31/03/1997, filed an Appeal before the Tribunal, Kolhapur.

(3.) Respondent Nos. 2 and 3 defended the same by submitting that the Petitioner on 1st October, 1996 tendered resignation which was duly accepted through the Management Resolution on 05/11/1996 itself, though on record, no duplicate copies were produced nor any Resolution. The Petitioner produced the carbon copy of undated blank resignation letter. By impugned order dated 10/12/1999, the Tribunal, Kolhapur dismissed the Appeal by holding that the Petitioner-Appellant failed to prove that his resignation was forcibly obtained on 5th January, 1997 and therefore, not granted order of reinstatement.