SHIKSHAN PRASARAK MANDAL Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This Writ Petition is filed challenging the Judgment and Order dated 14-3-2002 passed by the Presiding Officer, School Tribunal, Aurangabad Division, Aurangabad in Appeal No. 64 of 1996.

(2.) The background facts of the case are as under :

(3.) The petitioners herein filed Written Statement on 6-8-1997 before the School Tribunal. The petitioners herein admitted the date of appointment of the appellant as Assistant Teacher and his qualifications. They contended that the appellant served up to 6-5-1996 and not up to 13-5-1996. In support of their contention, they produced attendance register before the School Tribunal. According to the petitioners, the date of alleged oral termination given by the appellant i.e. 14-4-1996 is imaginary. This date falls on Sunday. The appellant remained absent from duty since 15-4-1996 to 18-4-1996. According to the petitioner, the appellant had no cause of action to file Appeal. The Appeal was filed by taking imaginary date of oral termination i.e. 14-4-1996. According to the petitioners, it appears from the attendance register that the appellant has filed the Appeal only to harass the petitioners herein. The Appeal is premature and not maintainable. The appellant was absent without prior permission since 15-4-1996 to 18-4-1996. He has not filed any application for leave. This conduct and behaviour of the appellant shows that he is not at all interested in service and he has abandoned services himself as per Rule 16(2) of M.E.P.S. Rules, 1981 (for short 'the Rules'). It is further stated in the Written Statement that there was no approval to the appointment of the appellant and he himself abandoned the services.