SHIV CHHATRAPATI EDUCATION SOCIETY Vs. NAARENDRA KASHINATH CHOUDHARI

JUDGEMENT

(1.) THE petitioner- Education Society takes exception to the impugned order passed in appeal by Presiding Officer, School Tribunal, which in turn allows the appeal filed by respondent No. 1 and directs his reinstatement in service with continuity and back wages.

(2.) IT is the case of the petitioner that respondent No. 1 came to be appointed temporarily as an assistant teacher in school administered by the petitioner under initial appointment order with effect from 14. 6. 1985. Thereafter respondent No. 1 was terminated from service at the end of academic sessions and came to be issued an order of reappointment yet again for next academic session. According to the petitioner for two fold reasons the appointment of respondent No. 1 had to be temporary and the said two reasons are ; (i) that the vacancy wherein the respondent No. 1 was appointed was earmarked for reserved category for schedule caste and (ii) that the respondent No. 1 was untrained teacher and was only possessing qualification of B. Sc.

(3.) ACCORDING to the petitioner respondent No. 1 stood terminated by efflux of time at the end of academic sessions 1989-90 whereas the respondent No. 1 contended before the Tribunal in appeal that he was also appointed in academic sessions 1990-91 and was orally terminated with effect from 3. 9. 1990. It is evident from the judgment of the Appellate Tribunal that when the matter was decided by the Tribunal respondent No. 1 had not by then acquired training/ teaching qualification of B. Ed. But had registered himself for a correspondence course with Annamalai University for B. Ed. The Tribunal has allowed the appeal by holding that though the respondent No. 1 was untrained, he had right to continue until replaced by a trained teacher. In the present case after termination of respondent No. 1 one Mr. Jadhav who is impleaded as respondent No. 2 in this petition came to be appointed on 18. 8. 1990. Shri Jadhav respondent No. 2 herein belonged to schedule caste category of backward class and thus was appointed on directions from the Social Welfare Officer which are contained in a communication dated 16. 8. 1990. With a view to remove the back log respondent No. 2- Jadhav was appointed from 18. 8. 1990 and he had acquired training qualification in June, 1992. A certificate to that effect is filed on record by the petitioner at page 29. It is thus clear that when the Tribunal decided the appeal respondent No. 2-Jadhav had already acquired the qualification and he continues to be in service of the petitioner since the year 1990 till date for the reason that the judgment and order passed by the Tribunal was stayed by this Court by granting interim relief while issuing rule in the matter.