SECRETARY Vs. PRESIDING OFFICER

JUDGEMENT

(1.) By this petition the petitioners challenge order dated 30.08.2000 passed by the School Tribunal, Amravati condoning delay of 11 months in filing appeal under Section 9 of the M.E.P.S.Act.

(2.) Respondent no. 2 herein was serving as a clerk in Pandit Nehru Vidyalaya run by the petitioner no.1. It is the case of the petitioners that he tendered voluntary resignation on 13.2.1999 which was accepted by the Management on 23.2.1999 and the same was orally communicated to him. It is the case of respondent no.2 that the order accepting termination was not communicated to him in spite of addressing the communications dated 15.3.1999 and 23.3.1999 to the Management alleging that the resignation tendered by respondent no.2 was not voluntary and was obtained by coercion. The respondent no.2 filed appeal against the order of termination on 3rd December, 1999 before the School Tribunal accompanied by an application for condonation of delay. According to the petitioners, respondent no.2 was aware that the resignation was voluntary and respondent no.2 was aware that on 25.2.1999 the same was accepted by the Management. Therefore, according to the petitioners, respondent no.2 had not made out sufficient cause for condoning the delay. The School Tribunal, Amravati by impugned order has condoned the delay of 11 months. The said order has been challenged by filing the present petition.

(3.) I have heard Mr. B.G.Kulkarni with Ms Fadnavis for petitioners, Mr. P.S.Patil for respondent no. 2 and Mr. T.A.Mirza for respondent no.3 and perused record.