VIDYA VIKAS EDUCATION SOCIETY Vs. SUNIL GULABRAO WADATKAR

JUDGEMENT

(1.) This petition challenges the Judgment and Order dtd. 31/1/2022 passed by the School Tribunal in Appeal No. 23/2019, by which the Tribunal has partly allowed the Appeal setting aside the termination of Respondent No. 1 with further direction to the Management to reinstate him in service with continuity in service, full back-wages and all consequential benefits. Additionally, the Tribunal has directed payment of Rs.50,000.00 to Respondent No. 1 towards compensation.

(2.) Petitioner No. 1 is a Public Trust established with the objective of imparting education. Petitioner No. 2 is one of the Schools established by Petitioner No. 1, which is a recognized private permanently unaided English Medium School and Junior College imparting education at secondary and higher secondary levels. The Secondary School is located at Kannamwar Nagar No. 2, Vikhroli (East), Mumbai whereas the Junior College is located at Vikas Bhavan, Vikhroli Station Road, Vikhroli.

(3.) Respondent No. 1 was appointed as Peon w.e.f. 7/12/1999 and was initially posted at the Secondary School of the Petitioners at Kannamwar Nagar-2. Petitioner avers that in the year 2010, he was posted at Junior College situated at Vikas Bhavan, Vikhroli Station Road. That since 2010, Respondent No. 1 was working and discharging duties at the Junior College. During his service career, Respondent No. 1 improved his educational qualifications. A vacancy of Junior Clerk occurred in the year 2013 and Respondent No. 1 staked his claim for promotion against the vacant post of Junior Clerk on the strength of acquisition of educational qualifications required for that post. Petitioners however took a stand that the said post could not be filled up by promotion and could only be filled by nomination. This is how the issue of promotion to the post of Junior Clerk created a rift between the Petitioners and Respondent No. 1.