MANAGEMENT SHRI SHIVAJI HIGH SCHOOL Vs. PRESIDING OFFICER

JUDGEMENT

(1.) BY this petition, the petitioner challenges the order passed by the Presiding Officer, School Tribunal, Amravati on 26.3.2002 holding that the respondent no.2 was entitled for salary from 31.3.1997 till the date of order i.e. 26.3.2002.

(2.) THE respondent no.2 had filed an appeal before the Presiding Officer, School Tribunal, Amravati under section 9 of the M.E.P.S. Act 1977. It was the case of the respondent no.2 that he was appointed as a Assistant Teacher on 8.3.1996 and his services were illegally terminated by communication dated 31.3.1997. During the pendency of the appeal filed by the respondent no.2 an order was passed by the School Tribunal, Amravati staying the effect and operation of the termination order dated 31.3.1997. With the result the respondent no.2 continued in services of the petitioner during the pendency of the appeal, till the appeal was decided on 26.3.2002. In such circumstances, the Tribunal held that the respondent no.2 was entitled for salary from 31.3.1997 till the date of order i.e. 26.3.2002. The judgment dated 26.3.2002 is impugned by the instant petition.

(3.) SHRI Ahirkar, learned AGP appearing on behalf of respondent no.1 and 3 supported the order passed by the School Tribunal on 26.3.2002 and sought for the dismissal of the writ petition.