JAMALODDIN Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Rule. Rule is made returnable forthwith. Heard finally with consent of the parties.

(2.) Petitioner is denied pension, despite serving for 34 years.

(3.) The petitioner was appointed as Hindi Teacher at respondent No.3 - School. The respondent No.2 - Education Officer by order dtd. 24/5/1990 has granted approval to his service. On 1/12/1989, petitioner was orally terminated by the Society. Aggrieved by the said oral termination, petitioner had preferred appeal bearing No.180/1989 before the School Tribunal, Aurangabad (Tribunal). On 5/5/1992, the Tribunal had allowed the appeal and held that the petitioner has requisite qualification to hold the post and directed the Management to reinstate the petitioner with continuity of service. The Management had challenged the order of the Tribunal before this Court by preferring Writ Petition No.1947/1992. The petition filed by the respondents was dismissed and the order of the Tribunal was confirmed. Despite of the directions from the Tribunal, the petitioner was not permitted to join the duty. Therefore, the petitioner along with similarly situated employee had preferred the Writ Petition bearing No.872/1994 before this Court and the petition was allowed by order dtd. 4/2/1998 and, this Court has directed the Management to permit the petitioner to join the services by imposing costs on the Management of Rs.2000.00. Thereafter, Management issued letter dtd. 7/4/1998 to the petitioner and asked him to join the service. Accordingly, on the same day i.e. on 7/4/1998, the petitioner has joined the service.