RAKESH DIGAMBAR YELMULE Vs. DEPUTY DIRECTOR OF EDUCATION

JUDGEMENT

(1.) Heard finally with the consent of learned counsel for the parties.

(2.) The petitioner was appointed as 'Assistant Teacher' in the school run by the respondent no.3 on 02.07.2001. On completion of the period of probation, the petitioner was confirmed in service. After about nine years his services were orally terminated on 26.06.2012. The petitioner therefore approached the School Tribunal filing an Appeal bearing no.18/2003 under Section 9 of the Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977. The said appeal was partly allowed on 18.12.2014 by the School Tribunal and the petitioner was directed to be reinstated in service with 50% back wages. The Management challenged the aforesaid order by filing Writ Petition No.503/2015 (Ravindra R.Ollalwar Vs. P.O.School Tribunal and others). Those proceedings ended in a compromise dated 23.09.2016. The petitioner gave up his claim of back wages subject to his reinstatement. Accordingly the said writ petition was disposed of and the Management issued a fresh appointment order dated 30.08.2016 to the petitioner. The petitioner joined his duties from 01.09.2016. The Education Officer (Secondary), on 06.12.2016 granted approval to the services of the petitioner but as Shikshan Sevak. The petitioner therefore challenged that part of the order granting such approval by filing Writ Petition No.6783/2017 (Rakesh D.Yelmule Vs. The Dy. Director of Education, Nagpur and others). In the meanwhile on 28.03.2018, the Education Officer (Secondary) proceeded to cancel the approval. The petitioner was therefore granted liberty to challenge that order and the said writ petition was disposed of. It is under these circumstances the order dated 28.03.2018 has been challenged in this writ petition.

(3.) On 21.02.2020 after hearing learned counsel for the parties we have passed the following order :