NAIGAON EDUCATION SOCIETY Vs. M S BHAVAR

JUDGEMENT

(1.) This petition challenges the order of the School Tribunal granting reinstatement with continuity of service and full back wages to the respondent No.1. The respondent No.1 was appointed as a Library Attendant on 9.9.1989 and worked as such till 28.2.1990. An advertisement was issued by the petitioners inviting applications for the post of Library Attendant. The respondent No.1 appeared for an interview and was selected. He was issued an appointment order on 1.4.1990. According to the petitioners, respondent No. 1 discontinued attending the school w.e.f. 23.2.1992. On the other hand, it is the case of the respondent No. 1 that his services were terminated by the petitioners and instead of continuing him as a Library Attendant pursuant to the appointment order of 1.4.1990, he was issued an order of appointment as a Peon. It was the case of the respondent No.1 that the petitioners could not appoint him as a Peon having selected him as a Library Attendant.

(2.) Aggrieved by the orders of the petitioners, the respondent No.1 approached the College Tribunal contending that he had been reduced in rank since he was made to work as a Peon instead of appointing him as a Library Attendant for which post he was selected. In the alternative, it was also contended by the first respondent that his services have been illegally terminated as a Peon.

(3.) The Tribunal, on a consideration of the evidence before it, held that the petitioners had not acted in accordance with law while terminating his services. The Tribunal found that the petitioners could not terminate the services of the first respondent by contending that no approval was granted to his appointment by respondent No.3. The Tribunal further held that the petitioners violated the provisions of the Maharashtra Universities Act by treating him as a Peon. The Tribunal was of the view that the petitioners had reduced the first respondent in rank and, therefore, set aside that order of the petitioners and reinstated the respondent No.1 as a Library Attendance with continuity of service and back wages.