DADARAO LAKKHUJI DAMBHARE Vs. RASHTRASEVA SAMAJ

JUDGEMENT

(1.) The appellant who has retired as Headmaster from respondent no.1 establishment school assails the judgment delivered by learned Single Judge dated 19-11-2009 in Writ Petition No.2089 of 2001. By the said judgment, the learned Single Judge has set aside the judgment and order dated 04-04-2001 delivered by Presiding Officer, School Tribunal, Nagpur in favour of the appellant in Appeal No.STN/05/2000. The School Tribunal has set aside the decision of Managing Committee dated 02-01-2000 and termination order 03-01-2000 issued by the employer.

(2.) It is not in dispute that the appellant in order to avoid Enquiry Committee has filed a Civil Suit No.2214 of 1999 in the Court of 3 rd Joint Civil Judge, Junior Division, Nagpur challenging the departmental enquiry proceedings and sought permanent injunction. In that suit, notice was issued to respondent no.1 employer and it was made returnable on 20-12-1999. On that day, after employer appeared, Civil Court granted status quo up to 06-01-2000. On 06-01-2000, status quo was not continued further and again an interim order of status quo was granted on 27-01-2000. This interim order was to restrain the employer from appointing new person as Headmaster. This interim direction continued till 06-07-2000. It appears that, thereafter, in appeal before the School Tribunal, the School Tribunal continued that interim order further till 29-07-2000. This interim order lasted till 31-03-2005 when the appellant superannuated. Thus, despite order of termination dated 03-01-2000, the appellant continued to work as Headmaster and retired as such on 31-03-2005.

(3.) Before us, it is not in dispute that he received his salary accordingly for the work done. However, because of the order of dismissal and challenge pending thereto, he was getting provisional pension till the writ petition of the management was allowed by the learned Single Judge.