PATIL SAMGONDA NAMGONDA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This petition challenges the dismissal of the petitioner's appeal filed under sec. 9 of The Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977 ('MEPS Act') before the School Tribunal. The petitioner preferred the appeal challenging the order of termination dated 6 th October 2001 passed by respondent no. 4 (management) and for issuing directions to reinstate the petitioner as headmaster with full back wages and continuity of service w.e.f. 6/10/2001.

(2.) The petitioner was appointed headmaster by the management on 19/6/1991. In the year 2001, the order dated 6 th October 2001 intimated him that he had been removed from the post of headmaster w.e.f. 6/10/2001. Hence, the petitioner filed Appeal No. 99 of 2001 with a prayer to declare the order dated 6 th October 2001 amounting to reduction in rank to be illegal. The petitioner thus prayed for reinstatement as headmaster.

(3.) It is the petitioner's case that after he was reduced in rank w.e.f. 6/10/2001, the petitioner attended the school on 9 th October 2001. It is his case that after he was reduced in rank, the immediate next date, i.e. 7/10/2001, was a Sunday and on 8 th October 2001, the petitioner was on casual leave. Hence, on the immediate next day, i.e. 9/10/2001, he attended the school. The petitioner was allowed to work in the school; however, the muster was not made available for his signature. Hence, according to the petitioner, he had filed an application with the in-charge headmaster, requesting him to be allowed to sign the muster. The petitioner had submitted various representations requesting to allow him to sign the muster as an assistant teacher; however, the in-charge headmaster did not allow the petitioner to sign the muster. Hence, on 21 st January 2002, the petitioner filed another appeal bearing Appeal No. 10 of 2002 before the School Tribunal challenging the otherwise termination dated 9 th October 2001.