TALAT SHIKSHAN MANDAL Vs. AQUEELA BANO MOHAMMAD MOOSA

JUDGEMENT

(1.) The petitioners impugn judgement and order rendered by learned Presiding Officer, School Tribunal, Aurangabad, in appeal No. 10/2008 whereby the respondent No. 1 was directed to be reinstated in service as Assistant Teacher with back wages and other consequential benefits w.e.f. date of her termination.

(2.) The petitioners are minority educational institution and its High School. The school is being run on Government aid basis. There are primary and secondary sections in the school. The primary section comprises of 5th to 7th standards whereas the secondary school section comprises of classes of 8th to 10th standards.

(3.) Indisputably, the respondent No. 3 - Arshiya Naaz was employed as Assistant Teacher in the primary section of the said school on substantive post. She was suspended from service w.e.f. 3rd April, 1999 owing to charges of certain misconduct committed by her. The substantive post became vacant due to her suspension. The respondent No. 1 - Aqueela Bano was temporarily appointed as Assistant Teacher for period of four (4) months between 3rd April, 1999 to 2nd April, 1999 on locum tenens basis. The initial appointment of respondent No. 1 - Aqueela Bano was thus temporary for short duration and in the vacancy caused due to suspension of respondent No. 3 - Arshiya Naaz.