MANISHA PANDURANG ADSUL Vs. PRESIDENT/ SECRETARY ADARSHA SHIKSHAN

JUDGEMENT

(1.) Rule. Rule made returnable forthwith. Heard finally with the consent of learned Advocates for the parties.

(2.) The Petitioner, who was working as Assistant Teacher in Respondent No.2 School, has challenged order dtd. 24/1/2019 passed by Presiding Officer, School Tribunal, Solapur in Appeal No. 48 of 2015, whereby order dtd. 5/1/2014 passed by Respondent - Management, terminating services of the Petitioner with effect from 24/12/2013 is declared as illegal and is quashed and set aside by granting the relief of reinstatement with continuity in service. However the claim of the Petitioner for back wages has been denied. The Petitioner is aggrieved by clause 4 of the operative order passed by the School Tribunal, whereby she is denied the back wages.

(3.) According to the learned Advocate for the Petitioner, the Petitioner was selected and appointed as Assistant Teacher on 11/6/2005, on a clear vacancy available in Respondent No.2 School, by following due selection process. After her appointment, the Petitioner continued in service till 24/12/2013. Her services came to be terminated by the Respondent - Management on 24/12/2013. Therefore, being aggrieved by the termination of her services, the Petitioner approached the School Tribunal, Solapur by filing Appeal No. 48 of 2015, under Sec. 9 of the Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977.