SUKANYA APTE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard the learned counsel for the parties. As the common question of law and fact emerges in the writ petition, I heard the writ petitions together and the same are being disposed of by this common judgment.

(2.) The petitioner no.1 is the Secretary of a public trust namely, Nagrik Sahayya Kendra, which administers a school by name Dnyaneshwar Vidyalaya of which the petitioner no.2 is the Head Mistress. The respondent no.4 in both the petitions, were appointed long back and at the fag end of their service career they have been compulsorily retired from service. Both the respondents were made to retire about two to two and half years prior to their attaining the age of superannuation. The age of superannuation in regard to class III members of the staff is 58 years. The respondent no.4 in both the writ petitions, aggrieved by the action of compulsory retirement, approached the Presiding Officer, School Tribunal, by contending that the order of compulsory retirement tantamount otherwise termination of respondent no.4 from service and the tribunal upholding the contentions raised by respondent no.4, has allowed the appeals and by setting aside the order of termination were directed to be continued in service till the age of superannuation. Aggrieved by the judgment and order passed by the tribunal, the present writ petitions are filed by the Secretary of the society. Interim relief in terms of prayer clause (b) was granted subject to the condition that the petitioner pays the respondent no.4 their salary every month.

(3.) The learned counsel for respondent no.4 submits that some of the payments are made. However the respondent no.4 has yet to receive certain amounts subject to which the stay was granted.