LAWS(BOM)-2009-6-131

DINKAR BALIRAMJI BUNDELE Vs. PRESIDING OFFICER SCHOOL TRIBUNAL

Decided On June 22, 2009
DINKAR BALIRAMJI BUNDELE Appellant
V/S
PRESIDING OFFICER SCHOOL TRIBUNAL Respondents

JUDGEMENT

(1.) Being aggrieved by the dismissal of his appeal by the learned Presiding Officer, School Tribunal, Amravati, the petitioner has approached this Court by filing the present petition.

(2.) It is not in dispute that respondent No. 2 Management and respondent No. 3 Head Master of the School had appointed the petitioner to the post of Chowkidar (Watchman) by order dated 31-7-1991 after he was interviewed for the said post in pursuance of the advertisement issued on 27-7-1991. He claims to have rendered satisfactory service till 31-5-1992. According to the petitioner, he was appointed on probation for a period of two years. However, after 31-5-1992, he was not allowed to continue with the work. According to him, he was suffering from Tuberculosis and was taking treatment at Amravati from 21-4-1992 to 16-2-1993. On 10-3-1993, his services were orally terminated. He, therefore, filed an appeal before the School Tribunal at Amravati, challenging his oral termination.

(3.) The respondent Management contended before the Tribunal that the petitioner had been appointed purely on temporary basis only for the academic session and, therefore, his employment came to an end as soon as the session was over. It was further stated that the Management had in fact informed the petitioner by letter dated 27-5-1992 that since his appointment was till the end of the session, he would be relieved from service from 1-6-1992, which letter the petitioner had duly acknowledged. Therefore, there was no question of any oral termination. The Management, therefore, prayed for dismissal of appeal.