MOTIBAGH EDUCATION SOCIETY Vs. PRESIDING OFFICER SCHOOL TRIBUNAL

JUDGEMENT

(1.) BY this petition, the petitioner-Management takes exception to the judgment of the School Tribunal, Nagpur, whereby the Tribunal allowed respondent No. 2's appeal and directed the petitioner-Management to reinstate respondent No. 2 as High School Teacher from 4-10-1993 and to pay the amount of arrears of difference of pay with effect from 4-10-1993.

(2.) FACTS, which are material for deciding this petition, are as under : the petitioner-Management runs a School at Nagpur by name Bhola High school. Respondent No. 2 Chaya Sorde was qualified to be a High School teacher, since she was B. Sc. B. Ed, in 1986 itself. She was appointed as Assistant teacher vide order dated 5-11-1988 in the petitioner-School on a clear vacancy and joined her duties with effect from 21-11-1988. Her appointment was approved initially for one year. On 23-6-1989, she was given another appointment letter for a period of one year, which was approved by the Education officer. On 9-4-1990, respondent No. 2 had expressed readiness to work in the middle School, since the Education Officer had sanctioned one post of High school Teacher less. She had stated that her claim for appointment as High school Teacher should be considered after the post became available.

(3.) HER services were terminated by order dated 28-4-1990 with effect from 30-4-1990. On 22-6-1990, the petitioner-Management, however, issued order of continuation of respondent Nos. 2's services and made her permanent employee of the School. However, from 1-7-1991, according to respondent No. 2, she was restrained by the petitioners from performing her duties. She, therefore, approached the Tribunal by filing an appeal, which was registered as Appeal No. 126 of 1991, and prayed for setting aside of her oral termination effected with effect from 1-7-1991. In this appeal, the Tribunal granted stay to termination.