BARSHI EDUCATION SOCIETY Vs. ASHOK GENESH KULKARNI

JUDGEMENT

(1.) IN pursuance of the order of the Court dated 11th December, 2003, issuing notice, the first respondent has appeared. Service has been effected on the second and third respondents and an affidavit of service has been filed. The fourth respondent, the State of Maharashtra is served and appeared on the previous occasion through the A. G. P.

(2.) THE first respondent was appointed initially as an assistant teacher and thereafter since 1st November, 1991 as a Headmaster in a primary school run and conducted by the petitioner at Barshi. On 16th October, 1998, the first respondent tendered his resignation as Headmaster. The resignation, it is admitted, was submitted in person. The management accepted the resignation on 3rd November, 1998. On 7th January, 1999, the first respondent instituted a civil suit contending that the resignation was not voluntary and prayed for reinstatement with back wages. The plaint came to be returned for presentation before the School Tribunal, having regard to the provisions of section 9 of the Maharashtra Employees of Private Schools (Conditions of service) Regulation Act, 1977 ("the Act" ). Parties were heard by the School Tribunal.

(3.) BY an order dated 17th October, 2003, the School Tribunal came to the conclusion that the resignation dated 16th October, 1998 was not valid in law. The Tribunal held that the first respondent shall be deemed to be in continuous service as a Headmaster of the school from the date of his promotion till the acceptance of his resignation and thereafter until he retires from service. Before the Tribunal, the first respondent had, however, stated that he was willing to apply for voluntary retirement with effect from 31 st December, 2003. Consequential orders were thereupon passed by the Tribunal, directing the management to forward all the papers in connection with the application of the first respondent for voluntary retirement to the Administrative Officer of the school board at Barshi. The Tribunal directed that the first respondent shall be deemed to have retired from service on 31st December, 2003 and would be entitled to consequential benefits including continuity of service, pay fixation, leave encashment, pensionary benefits and gratuity.