SURYABHAN Vs. VISHWAMBHAR MARUTI PAWAR

JUDGEMENT

(1.) This Contempt Petition alleges disobedience of order dated 24082005 passed by this Court in Writ Petition No. 5625 of 2005.

(2.) It is the case of the Petitioner that the Petitioner was appointed as Assistant Teacher in Shanteshwar Vidyalaya Sastur, Tq. Lohara, District Osmanabad on 02071973. In 1975 his services were confirmed. In 1984 he was promoted as Head Master and was working continuously as Headmaster till January 2005. The Petitioner was due for retirement on 31082005. Due to some dispute in Management, the Petitioner was issued notice on 24012005. Said notice was received by the Petitioner on 27012005. The Petitioner has replied the said notice on 30012005. It is further case of the Petitioner that on 21022005 Respondent No. 1 without issuing any further notice and without conducting any inquiry has issued termination order. The Petitioner filed Appeal No. 29 of 2005 before the School Tribunal contending that, the said termination is in contravention of Rule 37 of the Maharashtra Employees Private Service Rules, 1981 and the termination order is void ab-initio. The Petitioner also filed application below Exhibit5 in the said appeal requesting stay to the termination order dated 21022005. On 28072005 the School Tribunal refused to grant stay to the termination order. Therefore, the Petitioner filed Writ Petition No. 5625 of 2005 before this Court. After hearing both the sides, this Court had granted interim relief in terms of prayer Clause (C) to the Petitioner.

(3.) It is further case of the Petitioner that on 25-08-2005 the Petitioner approached the Respondents and requested to allow the Petitioner to join services as per order passed by this Court. However, Respondent Nos. 1 and 2 though were knowing about the order passed by this Court, did not allow the Petitioner to resume duties. On 25-08-2005 the Petitioner has given the joining report to one of the Trustee i.e. Mr. Dnyanoba Dadarao Mane who has given the acknowledgment. Copy of the said joining report was forwarded by the Petitioner to the Education Officer on 29-08-2005.