SARVAJANIK EDUCATION SOCIETY Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Rule. Learned AGP waives service for Respondent Nos. 1 and 2. Learned Counsel appearing for contesting Respondent No. 3 waives service. In this matter, notice for final disposal was issued on 27/9/2022 and according to the office note, Respondent No. 4 is also duly served. In that view of the matter, Rule is made returnable forthwith. Taken up for final disposal with consent.

(2.) This petition is filed under article 226 of the Constitution of India, inter alia seeking a writ of certiorari or any other appropriate writ to quash and set aside the Judgment and Order dtd. 25/2/2020 passed by School Tribunal Mumbai, in Appeal No. 8 of 2019. By said Order, appeal filed by the Respondent No. 3 ('Teacher' for short) against the present Petitioners ('Management' for short) was allowed, thereby directing the Management to reinstate Teacher on the post of Assistant Teacher (part-time post) in Sociology with continuity in service and full back wages. The Management is further directed to also consider the Teacher for the full-time post, if eventually it so becomes available. Further direction is given to the Management to make all the necessary correspondences with Education Department for the compliance of the said Order. This Order is hereinafter referred as to 'the impugned Order'.

(3.) The record shows that by Order dtd. 2/2/2022 of this Court, the Teacher was directed not to proceed with the execution of the impugned Order until further Orders, on condition that the Management deposits the entire back-wages from 30/1/2018 till 28/2/2022 in this Court within a stipulated time. The record further shows that the Management has complied with that Order and an amount of Rs.13,69,339.00 has been deposited in this Court. It is in these circumstances that the matter has been taken up for final hearing.