NAGPUR SHIKSHAN MANDAL Vs. HARIBHAU NATHUJI MOHOD

JUDGEMENT

(1.) The question that falls for consideration in this Letters Patent Appeal is, whether an appeal under Section 9 of the Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977 lies against an order appointing a teacher as an in-charge Assistant Head Master

(2.) The appellant no. 1 Nagpur Shikshan Mandal is a Society which administers and manages appellant no. 2 School. A substantive vacancy came into being on account of retirement of the earlier incumbent in the post of Assistant Head Master. By a resolution dated 27th June 2005, the Managing Committee of the appellant no. 1 Society resolved that though a vacancy has occurred in the post of Assistant Head Master in Shri Dadasaheb Dhanwate Nagar Vidyalaya on account of superannuation of one Shri L.K.Naik, it is not necessary to fill in the post of Assistant Head Master then. It took a decision to hand over the charge of the post of Assistant Head Master to Shri B.S. Jambhule, the respondent no. 3 in this appeal. Respondent no. 3, it was resolved, should be given the additional charge of the post of Assistant Head Master pursuant to the said resolution. An order dated 29/6/2005 came to be issued to Shri B.S. Jambhule assigning him additional charge of the post of Assistant Head Master and it was informed that he will have to act as an in-charge Assistant Head Master until further orders. Since then no further orders have been issued and the ad-hoc arrangement continues.

(3.) Aggrieved by the appointment of the respondent no. 3 as an in-charge Assistant Head Master, the present respondent no. 1 preferred an appeal under Section 9 of the MEPS Act before the School Tribunal contending inter-alia therein that his claim to the promotional post of Assistant Head Master has been superseded and hence, questioned the legality and propriety thereof.