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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR
Writ Petition No.477 of 2017
1. Bhadravati Shikshan Sanstha,
Bhadravati, Tq. Bhadravati,
Distt. Chandrapur,
through its Secretary.
2. Yashwantrao Shinde Junior College,
Bhadravati,
At Post and Tq. Bhadravati,
Distt. Chandrapur,
through its Head Master. ... Petitioners
Versus
1. Deputy Director of Education,
Nagpur Division, Nagpur.
2. Atul Prahlad Sagne,
Aged about 38 years,
Occupation - Nil,
R/o At Post Vishnu Nagar,
Kandli, Post Partwada,
Tq. Achalpur, Distt. Amravati.
3. Pravin Waman Mate,
Aged about 34 years,
Occupation - Service,
Shikshan Sevak Yashwantrao
Shinde Junior College,
Bhadrawati, Tq. Bhadrawati,
Distt. Chandrapur. ... Respondents
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Shri Anand Deshpande, Advocate for Petitioners.
Shri K.L. Dharmadhikari, Assistant Government Pleader for
Respondent No.1.
Shri P.A. Kadu, Advocate for Respondent No.2.
Coram : R.K. Deshpande, J.
th Dated : 17 April, 2017 Oral Judgment :
1. Rule, made returnable forthwith. Heard finally by consent of the learned counsels appearing for the parties.
2. The following issues are framed as additional issues in Appeal No.S.T.C./25/2009 :
(i) Does the appellant prove that the respondent Nos.1 and 2 obtained forcible resignation from the appellant on 7-4-2009?
(ii) Does the appellant prove that he had taken back his resignation on 8-4-2009?
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(iii) Does the appellant prove that the acceptance of his alleged resignation dated 7-4-2009 amounts to otherwise termination of service?
(iv) Whether the termination was invalid for want of required notice?
3. In the result, the petition is allowed. The order impugned dated 6-10-2016 rejecting the claim for framing the additional issues, passed by the School Tribunal, Chandrapur, in Appeal No.STC 25/2009, is hereby quashed and set aside. The Tribunal shall permit the parties to lead oral as well as documentary evidence in support of their rival claims. The parties to appear before the School Tribunal on 19-6-2017. The Tribunal to decide the appeal within a period of six months from the date of first appearance of the parties before it. ::: Uploaded on - 17/04/2017 ::: Downloaded on - 19/04/2017 01:03:43 ::: 4
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4. Rule is made absolute in above terms. No order as to costs.
Judge Lanjewar ::: Uploaded on - 17/04/2017 ::: Downloaded on - 19/04/2017 01:03:43 :::