RAYAT SHIKSHAN SANSTHA, SATARA Vs. APPA BHIMRAO POL

JUDGEMENT

(1.) RESERVED ON : 9th August 2016 PRONOUNCED ON : 7th September 2016 Judgment : - Rule. Learned counsel appearing for the respondents waives service. By consent of parties, the petition is heard finally.

(2.) By this writ petition under Articles 226 and 227 of the Constitution of India, the petitioners have impugned the judgment and order dated 25th February 2016 passed by the learned Presiding Officer, School Tribunal, Kolhapur allowing the appeal (49 of 2015) filed by the respondent no.1 partly thereby setting aside the termination order dated 6th October 2015 and directing the petitioners to give pensionary benefit to the respondent no.1 by treating his last pay as on 31 st December 2015 without any continuity for the purpose of monetary benefit. The School Tribunal rejected the claim for back wages and rejected the claim for reinstatement in view of the respondent no.1 having retired. Some of the relevant facts for the purpose of deciding this petition are as under : -

(3.) The respondent no.1 was appointed as a Supervisor in the school run by the petitioner no.1 on 20th September 1984. The petitioner no.1 received various complaints of molestation of three girl students against the respondent no.1 and other misconduct. On 1st February 2013, the respondent no.1 ordered students to run without sleepers due to which their legs got injured. The respondent no.1 celebrated his birthday in school by collecting money from students. The alleged incident regarding immoral act on the part of the respondent no.1 occurred on 25th February 2015.