AJABRAO TULSIRAMJI PATINGE Vs. SAMARTH INSTITUTION OF EDUCATION

JUDGEMENT

(1.) By this petition, the petitioner impugns the order passed by the Presiding Officer, School Tribunal, Amravati on 23,7.2004, dismissing the application filed by the petitioner, for condonation of delay, in filing the appeal, under the provisions of section 9 of the M.E.P.S. Act 1977.

(2.) The petitioner is the original appellant. He had filed an appeal before the Presiding Officer, School Tribunal, Amravati under section 9 of the M.E.P.S. Act 1977. It was his case that though he was the senior most teacher, the management promoted the respondent no.2 on the post of the Headmistress w.e.f. 23.7.2002 by an order dated 16.7.2002. Since the appeal was not filed within the prescribed period of limitation, an application for condonation of delay in filing the appeal was also filed.

(3.) It appears that the appeal was filed by the petitioner before the School Tribunal in August, 2003. It was the case of the petitioner that there was delay of about 360 days in filing the appeal. It was stated in the application for condonation of delay that certain representations were made by the petitioner for redressal of his grievance to the management and lastly the representation was given on 2.8.2003, but since it was not considered positively, the appeal was filed. It was also stated in the application that in a case of supersession, no limitation was prescribed for filing the appeal, but by way of abundant precaution, the application was filed.