GOVIND VISHWANATH KULKARNI Vs. YOGESHWARI EDUCATION SOCIETY

JUDGEMENT

(1.) BOTH the second appeals challenge judgment and order passed by the learned II Additional District Judge, Beed in Regular Civil appeal No. 168 of 1984 of his file and hence both the appeals are being disposed of by this common judgment. It will be convenient to refer to the parties by their original status as plaintiff or defendant/s, as before the trial Court.

(2.) THE litigation began with Regular Civil Suit No. 65 of 1978 filed by teacher in the court of II Joint Civil Judge J. D. Ambajogai, District Beed. The Yogeshwari education Society, Ambajogai. District Beed, its Secretary and the Principal, swami Ramanand Teerth Mahavidhyalay, Ambajogai were defendants. Plaintiff was appointed as a Teacher by defendant No. 1 on 15-6-1966 and was duly confirmed with effect from 15-6-1988. He worked as a Lecturer in english in Yogheshwari College run by the society. He was head of the department at the said college from 1971 to 1976. In August 1976, society issued an order transferring plaintiff to S. R. T. College, Ambajogai. Because of this transfer, he was to loose his status as head of the department. For about one year, plaintiff kept on putting his grievance before the defendant society and ultimately submitted a representation, in writing, in the month of July 1977. As the representation was not considered by the society, plaintiff decided to seek redress by submitting a letter dated 2-10-1977 in the form of intentions to resign from the post. The letter was accordingly submitted to the society on 7-9-1977. Instead of considering the grievances of plaintiff, society communicated to plaintiff by letter dated 19-9-1977 that his post dated letter was treated as notice of resignation and the same was accepted by the college committee in its meeting held on 17-9-1977. As soon as plaintiff received this letter from the principal of the college, he submitted another letter dated 21-9-1977 withdrawing the postdated letter tendered on 7-9-1977. This letter was not replied by the society. However, on 1-1-1978. plaintiff was obstructed from performing his duties and signing the muster roll. The college committee had put before the Governing Council of the society, the decision taken by it on 17-9-1977 and after considering the letter of plaintiff. Governing Council approved the decision of the College Committee, accepting the resignation of plaintiff, in its meeting held on 30-12-1977. The decision of the society was informed to plaintiff. It was on the backdrop of above staled facts, the suit was filed by plaintiff praying as follows :

(3.) SECOND Appeal No. 287 of 1987 is preferred by plaintiff being aggrieved by the curtailment of arrears of salary and as can be gathered from the submissions of Advocate Shri Shelke on behalf of plaintiff as also civil Application No. 214 of 2001 filed in this second appeal, seeking relief of provisional pension, plaintiff is expecting this court to modify the decree and grant a declaration that plaintiff is deemed to be continued in service till he retired on attaining the age of superannuation. As stated by Advocate Shri Shelke for plaintiff, plaintiff has reached the age of superannuation sometime in 1998. This appeal was admitted on 1-3-1988, with following order - "admit. To be heard along with S. A. No. 34 of 1988. " so far as Second Appeal No. 34 of 1988 the same is filed by the society and the same was also admitted by order dated 1-3-1988, which reads as follows: "admit. Ground No. IV involves substantial question of law. " thus, it is believed that the Second Appeal filed by the society is admitted only on one substantial question of law, which is ground No. IV in the appeal memo, and the same reads as follows :