CHARUDATTA RAMCHANDRA BAGADI Vs. SECRETARY, SHETKARI SHIKSHAN MANDAL

JUDGEMENT

(1.) By the present Petition filed under Article 227 of the Constitution of India, the Petitioner - original Appellant is challenging the legality and validity of judgment and order dtd. 7/4/2017 passed by the learned Presiding Officer, School Tribunal, Kolhapur in Appeal No.99 of 2016. In said Appeal No.99 of 2016 filed under sec. 9 of Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977 (for short "the M.E.P.S. Act"/"said Act"), the order of termination dtd. 18/10/2016 passed by the Respondent No.2 was challenged. Respondent No.1 is the Educational institution registered under the Bombay Public Trust Act, 1950 and Society Registration Act, 1860. Respondent No.1 established Respondent No.2 aided school viz. Bramhaling Vidyalaya Hajgoli, Tal. Chandgad, District Kolhapur. Respondent No.3 is the Educational Officer, (Secondary), Zilla Parishad, Kolhapur who is the sanctioning authority and has the control over the secondary schools in the District.

(2.) By the impugned order dtd. 7/4/2017 passed by the learned Presiding Officer, School Tribunal, Kolhapur the said Appeal No.99 of 2016 was partly allowed. The prayer for setting aside order of termination dtd. 18/10/2016 and for reinstatement with back-wages was rejected. However, the Respondent No.1 was directed as per sec. 11(2)(e) of M.E.P.S. Act to pay as compensation to the Petitioner full salary of six months which was lastly paid to him. It was further directed that the Petitioner shall have preferential right for the post when there will be clear permanent vacancy for selection post.

(3.) I have heard extensively Mr.Bhavake, learned counsel appearing for the Petitioner, Mr. Rajeshirke, learned counsel appearing for the Respondent Nos.1 and 2, Ms. Nimbalkar, learned AGP for the Respondent No.3 and Mr. Umesh Pawar, learned counsel for the Applicant in IA No.358 of 2022.