KHAN IMRAN KHAN UMAR Vs. GULSHAN SHIKSHAN PRASARAK MANDAL
HIGH COURT OF BOMBAY (AT: AURANGABAD)
Khan Imran Khan Umar
Gulshan Shikshan Prasarak Mandal
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V. Ravindra Ghuge, J. -
(1.) Rule. Rule made returnable forthwith and heard finally by the consent of the parties.
(2.) All these Petitioners are identically placed teachers working with Respondent Nos.1 and 2/ Management. All of them have raised a common grievance while challenging the judgments of the School Tribunal, Aurangabad, all dated 30.08.2016, in Appeal Nos.39/2015, 32/2015, 31/2015, 38/2015. Though all these Petitioners have succeeded before the School Tribunal and their Appeals have been partly allowed by setting aside the orders of termination dated 16.11.2015, 19.09.2015, 19.09.2015 and 16.11.2015, respectively, the Respondent/ Management is directed to conduct a de-novo enquiry as per Rule 36(2)(a) of the Maharashtra Employees of Private Schools (Conditions of Service) Rules, 1981 (for short the MEPS Rules, 1981 ) and all the Petitioners are deemed to be placed under suspension from the dates of their termination. They are held entitled for suspension allowance strictly in accordance with the rules and their termination orders have been set aside. Even then the Petitioners are aggrieved for the reasons which have been dealt with in this judgment.
(3.) I have considered the strenuous submissions of the learned Advocates for the respective sides and the learned AGP on behalf of the Respondent/ Education Officer (Secondary), Zilla Parishad, Aurangabad.;
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