GAJANAN MAHARAJ SHIKSHAN SANSTHA Vs. MILIND MADHUKARRAO LABADE

JUDGEMENT

(1.) By this petition, the petitioner impugns the judgment passed by the Presiding Officer, School Tribunal, Amravati on 21.3.2002 allowing the appeal filed by the respondent no.1 and directing the petitioner to pay back wages to respondent no.1 from 28.6.1993 till 14.7.1997 within a period of three months.

(2.) Few facts giving rise to the petition are stated thus The respondent no.1 was appointed as an Assistant Teacher by the petitioner in the year 1991 for the academic session 1991 92. Thereafter, by a subsequent appointment order the respondent no.1 was continued as Assistant Teacher for the academic session 1992 93. The Education Officer refused to grant approval to the appointment of the respondent no.1 by an order dated 3.6.1993. The services of the respondent no.1 were therefore, terminated by the petitioner. It was the case of the petitioner that the respondent no. 1 was appointed against the vacancy which was created by the removal of one Mr. Gadhavale who had filed an appeal against his dismissal before the School Tribunal.

(3.) The respondent no.1 challenged the order of his termination, dated 26.10.1993 before the Presiding Officer, School Tribunal, Amravati. The appeal was registered as Appeal No.157/1993 A. During the pendency of the appeal, a pursis was filed by respondent no. 1 before the Tribunal on 15.3.1999. It was stated in the pursis that the respondent no.1 was appointed as an Assistant Teacher in the Zilla Parishad w.e.f. 14.7.1997, and hence he was not pressing the relief of reinstatement and was praying only for the back wages. The Tribunal decided the appeal filed by the respondent no. 1 and directed the reinstatement of the respondent no.1 with continuity of service and back wags. A Writ petition was preferred by the petitioner before this court and this court by an order dated 28.8.2000 remanded the matter to the School Tribunal by allowing Writ Petition No.6123/2000 with a direction to the Tribunal to examine the issue of back wages afresh and record a clear finding as to the entitlement of the respondent no.1 to the same.