Mohammad Rafiq, J. - (1.) The petitioner-Management Committee has filed this writ petition against the judgment of the Rajasthan Non Government Educational Tribunal dated 2/4/1997.
(2.) The Tribunal by the aforesaid judgment allowed the appeal filed by respondent No.2. In the appeal, he challenged the order passed by the petitioner on 24/7/1996 by which his services were terminated. The Tribunal by the impugned judgment held the order terminating services of respondent No.2 as illegal and set-aside the same. Respondent No.2 was held entitled to reinstatement in service with all consequential benefits. However, liberty was given to the petitioner to again dispense with his services by complying with provisions of Section 18 of the Rajasthan Non-Government Educational Institutions Tribunal Act, 1989 (for short, "Act of 1989").
(3.) Factual matrix of the case is that respondent No.2 was appointed with the petitioner-institution as Instructor vide order dated 4/12/1987 with effect from 1/8/1987 on consolidated salary of Rs. 500/- per month. Principal of the petitioner-institution by his order dated 17/1/1991 granted to him benefit of regular pay scale and pay fixation and accordingly fixed his pay in the Revised Pay Scale Rules with effect from 1/7/1990. Petitioner was directed to coordinate the work of admission of special batches vide order dated 6/8/1994. A similar order was passed on 11/8/1995. The Management Committee of the petitioner however on 27/6/1996 passed a resolution that since it did not have the work for the respondent and that there was no need now to retain him in service, therefore, the post of Instructor was abolished and service of the respondent was terminated vide order dated 24/7/1996 with immediate effect. A cheque of Rs. 3,468/- towards salary of three months was enclosed with the aforesaid order. Respondent filed appeal against the aforesaid order u/S.19(2) of the Act of 1989 before the Tribunal. Petitioner contested the aforesaid appeal by filing reply thereto, to which respondent No.2 filed his rejoinder. The Tribunal by the impugned-order aforesaid allowed the appeal. Hence, this writ petition.;