BAHUJAN VIKAS MANDAL AKOLA Vs. MANDA VITHALRAO PARSUTKAR

JUDGEMENT

(1.) This writ petition challenges the judgment and order dated 20.11.2007 passed by the learned Presiding Officer, School Tribunal, Amravati, allowing Appeal No. 63/2002, filed by Respondent No.1 and setting aside resolution passed by the petitioners on 29.10.2002, accepting the resignation alleged to have tendered by the Respondent No.1, on 30.7.2002, which is considered to be the otherwise termination of the service. The order of reinstatement and backwages has also been passed and this is the subject matter of challenge in this petition preferred by the Management.

(2.) The facts leading to the case are as under The respondent no.1 was appointed as an Assistant Teacher on 3.7.1995. She was appointed as incharge headmistress from 1.7.1996 to 31.7.2002. The case of the Management was that the respondent no.1 had tendered her resignation on 30.7.2002, which was received by the Management on 1.8.2002. The Management by its resolution dated 29.10.2002, accepted the said resignation and it was communicated to the petitioner on 30.10.2002. The case of the respondent no.1 was that she never resigned from the post and the Management had prepared false resignation to terminate her services. Hence, she filed an appeal No. 63/2002 before the School Tribunal under Section 9 of the Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977 ( in short "the M.E.P.S. Act") to challenge the alleged acceptance of resignation on 29.10.2002, treating it to be an otherwise termination from service.

(3.) In memo of appeal, two specific grounds were raised,