MAHARASHTRA EDUCATION SOCIETY Vs. SHIVHAR BHARAT LAHANE

JUDGEMENT

(1.) Heard Mr. Jahagirdar, learned senior counsel for the petitioner, Mr. Gutte, learned counsel for respondent no.1 and Mr. Gokhale, learned 'B ' Panel counsel for the State.

(2.) The challenge in this petition is to an order dated 4 December, 2020 passed by the learned Presiding Officer, School Tribunal, Pune. By the impugned order, the appeal filed by respondent no.1 challenging an order of otherwise termination dated 30 September, 2016 made against him by the petitioner is quashed and set aside with a further direction that the respondent no.1 be reinstated on his original post with continuity of service along with back wages from the date of termination.

(3.) Mr. Jahagirdar, in assailing the impugned order, would submit that it was an indisputed position on record that respondent no.1 was appointed on temporary basis even under the advertisement dated 24 April, 2012. It is his submission that even the advertisement for subsequent years that is 2013 onwards issued by the petitioner intended appointments to be made on temporary basis under which respondent no.1 had applied and was granted temporary appointment. It is his submission that however the School Tribunal has proceeded on the first advertisement dated 24 April, 2012 which inadvertently did not mention that it was for filling up a post on temporary basis, although the appointment order issued to respondent no.1 under the said advertisement was also a temporary appointment.