ASHOK PANDURANG JANJAL Vs. SECRETARY TULSABAI KAWAL VIDYALAYA

JUDGEMENT

(1.) In this appeal notice was issued for final disposal of the matter at the admission stage and accordingly the matter was heard and is being disposed of finally at the admission stage itself. We have heard at length the Advocates for the appellant and the respondent Nos.1 and 2. The respondent No.3 is a formal party.

(2.) The appeal arises from the order dated 16-9-2005 passed in Writ Petition No.3368 of 1993. By the impugned order, the learned single Judge has set aside the Judgment of the School Tribunal dated 1-10-1993 in Appeal No.38 of 1989. The School Tribunal had set aside the order of the Management dated 6-4-1988 terminating the services of the appellant/petitioner and the petitioner was directed to be reinstated in the post of peon as a probationer within 40 days. During the pendency of the Writ Petition, the said order was stayed.

(3.) The order of termination of services of the petitioner was set aside by the Tribunal on the ground of failure on the part of the Management to comply with the requirements of Rule 15 of the Maharashtra Employees of Private Schools (Conditions of Service) Rules, 1981, hereinafter called as "the said Rules" whereas the learned single Judge, considering the materials on record, has held the said finding of the Tribunal to be contrary to the records and has confirmed about due compliance of the said provision of law by the Management.