SMT. SUSHILA ATHAWALE Vs. B.K. DEOKAR

JUDGEMENT

(1.) By this petition under Art. 226 of the Constitution of India, the petitioner, who is the Principal of M.S. Kakade College and Secretary of M.S. Kakade College Committee, Someshwar Nagar, Neera, Taluka Baramati, has challenged the order dated 19th Sept. 1983 passed by the Presiding Officer, School Tribunal, Pune, whereby the Tribunal allowed the appeal filed by the first respondent Shri B.K. Deokar, against the order dated 26th April 1983 terminating his services.

(2.) The first respondent Shri Deokar was appointed teacher in the college by letter dated 30th Jan. 1981 with effect from 22nd Dec. 1980 on a clock hour basis for the academic year 1980-81. The appointment continued for the academic year 1981-82 from 1st July 1981 to 31st March 1983 in terms of the letter of appointment dated 23rd July 1981. By letter dated 26th April 1983, the petitioner as Secretary, M.S. College Committee, Someshwarnagar informed the first respondent that he is relieved from service from 20th June, 1983 whereafter the first respondent filed an appeal before the School Tribunal who by its order dated 18th June, 1983 stayed the order of College Committee dated 26th April 1983 terminating his services. Thus, Shri Deokar continued in service for the academic year 1983-84 also in view of the stay order granted by the School Tribunal. The stay order having been subsequently vacated by this Court, Shri Deokar is relieved from service from 19th April 1984.

(3.) Ground originally given for relieving the first respondent from services was that the appointment was temporary and the College Committee was, therefore, justified in relieving him from services. Subsequently, however, it was stated that the appointment was against reserved vacancy and that in terms of the instructions issued by the Government in this behalf, the services were on temporary basis and that as and when a suitable candidate from the reserve category was available, the services were required to be terminated. By its impugned order, the School Tribunal rejected the defence taken by the petitioner that the first respondent's appointment was against reserved vacancy. It has allowed the appeal and vacated the order of the College Committee dated 26th April, 1983 relieving the first respondent from services with effect from 20th June, 1983.