RAJNARAYAN S PATHAK Vs. DEPUTY DIRECTORN OF EDUCATION

JUDGEMENT

(1.) THE petitioner challenges an order dated 16th February, 2002 passed by respondent No. 2. The petitioner also seeks a writ of Mandamus directing the respondents to absorb him either as an Assistant Teacher or as a Head Master in other aided Secondary School in Mumbai under their jurisdiction, as also to pay to him unpaid salary for the period commencing from june, 2000 till the derecognition of Swami Dayananda Saraswati High School (hereinafter referred to as "the said School" for short) administered and managed by respondent No. 4 trust.

(2.) THE petitioner is a qualified teacher. Prior to his joining the said School he worked in different schools in Mumbai as an Assistant Teacher in Hindi and English medium. From December, 1970 to April, 1994 the petitioner' worked at the said school initially was a teacher and subsequently as a Head master. He was made permanent in the said post w. e. f. 13th June, 1987. The said school became hundred percent aided school w. e. f. 25th March, 1996. Petitioner's appointment as a Head Master was approved by the department with retrospective effect i. e. from 13th June, 1993. He was also granted approval as a Head Master of Junior College section w. e. f. 15th June, 1998.

(3.) PETITIONER was suspended by the Education Inspector in view of a criminal case on 17th October, 1998. He challenged the said suspension order by moving this Court and instituted Writ Petition No. 2502 of 1998. This Court by it's order dated 15th January, 1999 quashed the said suspension order. Thereafter, his services were terminated on 2nd July, 1999. The petitioner challenged the said termination before the School Tribunal, Mumbai by instituting Appeal No. 17 of 1999. The School Tribunal by it's order dated 29th july, 1999 quashed the termination order and directed reinstatement of the petitioner in the services.