- (1.) Leave granted.
(2.) The question which arises for consideration in this appeal are whether the termination of the service of Respondent No. 1 Dattatraya Rupa Pagar, by the management of the Appellants was legally infirm and the Presiding Officer, School Tribunal, Nashik rightly ordained his reinstatement with back wages and continuity of service.
(3.) Appellant No. 1 is a registered trust and society and is running a school in the name of Nayanrao Sarjerao Deshmukh Vidyalaya at Malegaon. The school is aided by the State Government. Respondent No. 1, who possess the qualification of B.A., B.P. Ed was appointed in the school against the leave vacancy for the period from 5.3.1999 to 31.1.2000. After a gap of about one year the Chairman of Appellant No. 1 vide his letter dated 3.9.2002 appointed Respondent No. 1 as Shikshan Sevak for the period from 1.4.2001 to 31.3.2004. The relevant portions of that letter are extracted below: You are intimated that you as per the appointment of Shikshan Sevak Secondary School Scheme you are selected as Shikshan Sevak. Your appointment as Shikshan Sevak is made under the following terms & conditions alter giving consent letter for the acceptance of terms & conditions you will be given an appointment as Shikshan Sevak. 1) Your appointment as Shikshan Sevak will be for the period from 1/4/2001 till 31/3/2004. 2) xxx xxx xxx 3) xxx xxx xxx 4) You are not eligible for facilities given to the regular appointed teachers or Govt. employees. 5) After completing three years satisfactory service as Shikshan Sevak you will be held eligible for the appointment of teacher in the prescribed pay scale. Your service rendered as Shikshan Sevak will be considered after retirement for pension and other benefits. 6) xxx xxx xxx 7) You will be paid monthly honorarium Rs. 4000/- as Shikshan Sevak. 8) During the period of appointment you will have to perform following duties: 1) To keep relation or contacts with parents for the purpose of regular attendance of the students in the school. 2) To attend regularly in time during the school hours to school/ Jr. College/D. Ed College/Vidya Niketan/Military school. 3) To collect sufficient Material for education as per prescribed syllabus. 4) To prepare and study the subjects given for teaching. 5) To attend training camps organized by the Govt. 6) To work under the instructions of the Head Master/Principal and to obey their orders from the period of education and administration. 7) To asses the home work and performance of students of class. 8) To participate education and other programs etc. sports completion as organized. 9) To examine work as prescribed by Maharashtra State Secondary and Higher Secondary Board.;