HIRAL A BAXI Vs. BORIVLI EDUCATION SOCIETY

JUDGEMENT

(1.) The petitioner was employed as a Clerk with Respondent No. 2 institution which is being run by Respondent no. 1. Respondent No. 2 Institution is aided by respondent No. 3 and covered by the provisions of the Grant-in-Aid Code for Approved Private primary Schools in greater Mumbai. The petitioner's services were approved by communication dated 8th August, 2000 addressed by the Superintendent, Private primary School of Respondent No. 4 addressed to the Head Teacher of Respondent No. 2 institution.

(2.) The services of the petitioner came to be terminated on the resolution being passed by the managing committee of respondent No. 1. Letter of termination was issued on 11th September, 2006 whereby the petitioner was paid six months salary. The petitioner thereafter, it appears, represented amongst others, to respondent No. 4. Respondent No. 4 by communication of 19th september, 2006 informed to Secretary of respondent No. 1 that considering the provisions of Clause 17 of Grant-in-Aid Appendix VII as amended by obtaining the sanction of the then deputy Municipal Commissioner (P) by his order under No. MDG/605 of 30th September, 1981, the termination of the petitioner is bad and, therefore, direction was issued to the management to reinstate the petitioner. As the management refused to reinstate the petitioner the present petition.

(3.) In so far as Respondent Nos. 3 and 4 are concerned, the learned Counsel submits that the communication dated 19th September, 2006 wherein reference to Clause 17 ought to be Clause 13.