KUSUM SADASHIV SHINDE Vs. SANT PRASAD SHIKSHAN SANSTHA

JUDGEMENT

(1.) BY this Petition, the Petitioner seeks directions to Sant Prasad Shikshan Sanstha at Pandharpur, District Solapur, a Society registered under The Societies Registration Act, 1860 and The Bombay Public Trusts Act, 1950, which runs an educational institution at Pandharpur in the name and style Sadguru Gadagebaba Vidya Mandir (for short, 'the said School') to appoint the petitioner as full time teacher and give to the Petitioner the benefits of a full time teacher with retrospective effect, that is, on and 'from the beginning of the academic year 1984-1985.

(2.) THE Petitioner who is M.A., B.Ed. and belongs to Mahar Caste, which is covered by S.C. Category of backward Class, was appointed as Part-time Assistant Teacher in the said School with effect from 1st September, 1983. The Petitioner was appointed on consolidated salary. The Petitioner continued to be in service with the end of academic year 1986-1987. By the notice dated 27th March, 1987 addressed by the Head Master of the said School to the Petitioner, the services of the Petitioner were terminated from the end of the academic year 1986-1987. The Petitioner filed an Appeal before the School Tribunal, Pune Region, Pune, being Appeal No. 40 of 1987, which was disposed of as per the Order passed on 2nd November, 1987. The Appeal was partly allowed to the extent that the notice/order terminating the services of the Petitioner was set aside and the School Authority was directed to reinstate the Petitioner as a part-time assistant teacher with back emoluments from the date of termination till the date of reinstatement. The Claim of the Petitioner for reinstatement as Full Time Assistant Teacher was rejected by the Tribunal. The Writ Petition filed by the Management of the said School, being Writ Petition No. 2832 of 1988, from the Order dated 2nd November, 1987 passed by the School Tribunal was summarily dismissed on 1st June, 1988. However, the Petitioner was reinstated in the said School as from 9th November, 1987 itself. The Petitioner has been paid back emoluments in accordance with the said Order dated 2nd November, 1987 after 1st June, 1988. After being reinstated as Part-Time Assistant Teacher in the said School, the Petitioner has filed this Petition on 24th February, 1988 for the reliefs as aforesaid.

(3.) IN the said Appeal No.40 of 1987 filed before the School Tribunal, Pune, the petitioner had claimed that she was appointed as a Full Time Assistant Teacher in the said School from 1st August, 1986 and served in that capacity till 17th October, 1986. It was not the case of the petitioner that from the beginning of the academic year 1984 - 1985, the Petitioner ought to have been appointed as Full Time Assistant Teacher in the said School. The School Tribunal had framed the points which arose for determination in the said Appeal of the Petitioner. The point number 6 which was framed by the Presiding officer in the said Appeal was as under: