BHAGWAN MAHAVIR PRIMARY SCHOOL Vs. LEARNED PRESIDING OFFICER

JUDGEMENT

(1.) Rule, made returnable forthwith. Heard finally by consent of the learned counsels appearing for the parties.

(2.) This petition takes exception to the judgment and order dated 622012 passed by the School Tribunal, Amravati , in Appeal No.75 of 2001 filed by the respondent No.2 challenging his termination from service with effect from 3132001. The School Tribunal has allowed the appeal, set aside the otherwise termination by accepting resignation of the respondent No.2 on 10122000, and directed reinstatement with continuity in service and 25% of back wages.

(3.) The undisputed factual position is that the respondent No.2 was initially appointed as an Assistant Teacher for the period from 171997 to 3041998. Thereafter, by issuing separate orders of appointment, the respondent No.2 was appointed for the period from 2161998 to 3041999, from 171999 to 3042000, and from 172000 to 3042001. While making the appointment of the respondent No.2 on all these occasions, the advertisement was issued in the newspaper inviting applications, and after holding the interview, the respondent No.2 was selected for the post. The case of the Management was that on 21112000, the respondent No.2 submitted resignation in his own handwriting, which was accepted by the Management on 10122000, and from that date, he was out of employment. An appeal was filed by the respondent No.2 before the School Tribunal sometime in the month of October, 2001 along with an application for delay and the delay caused was condoned.