SHIVAJI SHIKSHAN SANSTHA Vs. RAM DNYANOBA LATPATE

JUDGEMENT

(1.) The petitioner-Management has raised challenge to the order dated 29-2-1996, passed by Presiding Officer, School Tribunal, Aurangabad in Appeal No. 147 of 1993.

(2.) Respondent No. 1 - employee was inducted in service by the petitioner -Management by issuing appointment order on 27-7-1992. Respondent - employee was appointed as Lecturer in Junior College to teach subjects Economics and Marathi. It is stated in paragraph No. 2 of the appointment order that the appointment is purely temporary for a period of one year against a seat reserved for Scheduled Tribe category candidate. It is also noted in the order that on the expiry of said period, his services shall stand terminated without any notice. A letter came to be issued on 31-3-1993 informing respondent No. 1 - employee that his appointment comes to an end on 30-4-1993.

(3.) It further transpires that the Institution issued an advertisement for making appointment to the posts of Lecturers in the year 1993. It was mentioned in the advertisement that out of four posts, two posts are earmarked for reserved category. Respondent No. 1 - employee tendered an application on 26-10-1993 requesting the Management to consider him for the post. However, it appears that respondent-employee's name was not considered and another candidate came to be appointed in place of respondent-employee. Respondent - employee, therefore, raised challenge before the School Tribunal with a prayer to issue directions to the Management in respect of reinstatement in service. The School Tribunal, after considering rival contentions, proceeded to allow the appeal presented by respondent-employee and directed his reinstatement in service with full backwages.