LALIT VASUDEO KOLAMBE Vs. CHAIRMAN, NEW ENGLISH SCHOOL

JUDGEMENT

(1.) Being aggrieved by the judgment and order dtd. 12/07/2012, passed by the learned School Tribunal in Appeal No. 47/2011, the petitioner has preferred this petition.

(2.) Facts giving rise to this petition are that pursuant to the advertisement dtd. 06/06/2010, petitioner came to be appointed in respondent-school i.e. New English School, Nimbhora as Shikshan Sewak by appointment order dtd. 14/6/2010. It is the contention of the petitioner that he was subjected to harassment during the period from 14/6/2000 to 14/07/2010 by the Chairman -Shri Dnyandeo Bhagwan Nemade and respondent No. 2 Headmaster - Shri Ashok Huna Warke. It is further contended that within a day or two after joining the service, respondent No. 4- Secretary -Shri Yogesh Madhukar Kolambe and respondent No. 2 Headmaster - Shri Ashok Huna Warke started harassing and blackmailing the petitioner to give them more amount. Both the Headmaster and the Secretary were bent upon terminating the services of the petitioner from the New English School, Nimbhora, Tq. Raver, Dist. Jalgaon. It is further contended that on account of harassment by respondent No. 2, petitioner decided to get higher education and for the purpose he went to the offce of the Education Offcer as he was directed to remain present before the Education Offcer on 14/7/2011. It is further contended that because of the harassment caused to the petitioner, he tendered his resignation on 14/7/2011. However, since the fnancial condition of the petitioner was not good, he gave an application on 18/07/2011 for withdrawal of his resignation dtd. 14/7/2011. Respondents No. 1 and 2 did not accept this application and, therefore, petitioner sent the said application for withdrawal of resignation by R.P.A.D. The application sent by R.P.A.D. was not claimed by respondents No. 1 and 2. Petitioner received a letter dtd. 22/08/2011, wherein it was mentioned that petitioner had tendered resignation from the post of Shikshan Sewak before the Education Offcer and the same was duly certifed by the Education Offcer and the School Committee had passed a resolution dtd. 21/07/2011 in which, resignation of the petitioner was accepted and the services of the petitioner came to an end with effect from 14/7/2011.

(3.) It is contended that the resignation was tendered without following the procedure under Sec. 7 of the Maharashtra Employees of Private Schools (Condition of Service) Act, 1977 ( for short 'MEPS Act ') and Rule 40 of the Maharashtra Employees of Private Schools (Condition of Service) Rules, 1981 (for short 'MEPS Rules '). Said resignation was not in consonance with the provisions of Sec. 7 of MEPS Act and Rule 40 of MEPS Rules. It is further contended that petitioner wanted to withdraw his resignation. Therefore, on 18/07/2011, he went to the school and tendered application for withdrawal of the resignation but that was refused by the school authorities. Therefore, he despatched the said application by R.P.A.D. on 18/07/2011. Endorsement on the envelop shows that the said envelop was not claimed by the respondents and, therefore, the same should be treated as served on respondents No. 1 and 2. The envelop was returned to the petitioner on 26/07/2011. Respondents No. 1 and 2 had told the petitioner that a lot many candidates were ready to pay more than Rs.20,00,000.00. Resignation of the petitioner was accepted on 21/07/2011 and it was communicated to the petitioner on 22/7/2011. According to the petitioner, resignation was submitted without following prescribed procedure under Sec. 7 of the MEPS Act and Rules thereunder. In this manner, services of the petitioner came to be terminated on account of his resignation.