(1.) ON 1.9.89 the teacher was promoted as Headmaster and it appears that she his Letters Patent Appeal is directed against the judgment dated 15th November, 2000 passed by the learned Single Judge whereby he set aside the order dated 22.4.1995 passed by the School Tribunal and directed the present appellant to reinstate the respondent No.1 herein in service in the Marathi medium school with continuity of service. The learned Single Judge also remitted the matter back to the School Tribunal to decide the question of entitlement of backwages in accordance with law.
(2.) . The present respondent No. 1 was appointed as a full time teacher in Marathi medium primary school run by the present appellant J. K. Pansare Education Trust. For the sake of convenience we shall refer the present appellant as 'Management' and the first respondent herein as 'Teacher'. The teacher worked in Marathi medium primary school run by the management upto 30th June, 1974. On 15.6.74 the management issued fresh letter of appointment to the teacher and she was allotted duties in English medium school run by the management with effect from 17.6.1974. It appears that in the month of June, 1988 the Marathi medium school run by the management started receiving grant in aid stage to stage while the English medium school run by the management remained unaided. The teacher filed the writ petition against the management seeking payment of salary as per the scale prescribed under the rules and for her absorption in Marathi medium school. The said writ petition was withdrawn by the teacher with liberty to her to prosecute appropriate proceeding. On 22.4.95 a notice was given to the teacher communicating her that her services shall stand terminated with effect from 1st May, 1975. The notice of termination was issued by the management to the teacher on the ground that the management has to close down the said English medium school from the academic year commencing from June, 1995. In lieu of three months notice, the management sent a cheque of three months salary with all allowances to the teacher. In the notice the management also recorded that though they are not responsible to make alternative arrangement for her absorption in other school, the management has entered into a written memorandum of understanding with the management of Holy Cross Education Trust Primary English School, Dombivali , Kishor Niwas , by which the said trust has shown their readiness to accept the teacher in the employment on the same pay scale which was last drawn by her and therefore, she may approach the said trust for her employment. The teacher filed an appeal under section 9 of the Maharashtra Employees of Private Schools (Conditions of Service Regulation) Act, 1977 aggrieved by her termination of service. The School Tribunal dismissed the appeal filed by teacher. Aggrieved thereby, the teacher filed writ petition before this court which was registered as writ petition No. 1709 of 1997. The learned Single Judge after hearing the parties, as noted above, set aside the order of the School Tribunal and directed the management to reinstate the teacher in service in its Marathi medium school with continuity of service and as regards backwages , remitted the matter to the School Tribunal. Aggrieved by the judgment passed by the learned Single Judge on 15.11.2000 the management has preferred this Letters Patent Appeal.
(3.) . There appears to be no dispute that though initially the teacher was appointed in the Marathi medium primary school run by the management vide order dated 19.2.74 but in the said school the teacher worked only upto 16.6.74 and from 17.6.74 the teacher was appointed in the English medium school. The teacher at no point of time made any grievance about her appointment to English medium school as assistant teacher since 17.6.1974. It was in the year 1988 that the Marathi medium school run by the management started getting Government aid while the English medium school remained unaided. For the first time in the year 1994 the teacher filed the writ petition before this court seeking direction against the management for her absorption in the Marathi medium school. The said writ petition was dismissed as withdrawn. The teacher in the backdrop of these facts cannot be claimed to be the teacher appointed in Marathi medium school run by the management. In the year 1995 the management decided to close down the English medium school run by it and accordingly on 22.4.1995 the teacher was sent notice terminating her services with effect from 1.5.95 and in lieu of three months notice the cheque of three months salary with all allowances was sent to her. The notice dated 22.4.95 reads thus