VIDYA VIKAS MANDAL Vs. THE EDUCATION OFFICER

JUDGEMENT

(1.) Heard Mr. Sharma, learned advocate for the petitioner, Mr. Tekade, learned advocate for respondent nos.2(a) to 2(c) and Mr. Rao, learned Assistant Government Pleader for respondent no.1-Education Officer.

(2.) The original respondent no.2 had been working as an Assistant Teacher in the school administered by the petitioner-management, since 01.07.1989. There is no dispute that the appointment of original respondent no.2 was made as per the rules and his appointment was granted approval by the respondent no.1-Education Officer. The school administered by the petitioner-management receives grant-in-aid from the State Exchequer and therefore, the salary of original respondent no.2 was being disbursed by the respondent no.1-Education Officer. In the year 2000, on complaints against original respondent no.2, an enquiry was conducted against him as per the provisions of the Maharashtra Employees of Private School (Conditions of Service) Rules, 1981 (hereinafter referred to as the Rules of 1981 ). After the enquiry was completed, the services of original respondent no.2 were terminated by the order dated 06.05.2002. The original respondent no.2 had challenged his termination order before the School Tribunal, which allowed the appeal filed by original respondent no.2 by its order dated 30.07.2002. By this order, the termination order dated 06.05.2002 is set aside and the petitioners are directed to reinstate the original respondent no.2 with the consequential benefits. The main reason for setting aside the termination order, given by the School Tribunal in the order passed by it, is that the constitution of the Enquiry Committee which conducted the enquiry against the original respondent no.2, was not according to the provisions of Rule 36(2)(a) of the Rules of 1981. The petitioners being aggrieved by the order passed by the School Tribunal, have filed this writ petition.

(3.) This Court, by the order dated 14.10.2003, issued Rule, Rule on stay and granted ad-interim stay until further orders. By order dated 12.11.2003, this Court confirmed the interim order. During the pendency of this petition, original respondent no.2 has died on 01.06.2011 and respondent nos.2(a) to 2(c), being the legal representatives of original respondent no.2, are brought on record.