The Head Master Baliram Patil ... vs Subhash Jagannath Jadhav
2016 Latest Caselaw 5044 Bom

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             IN THE HIGH COURT OF JUDICATURE OF BOMBAY   
                         BENCH AT AURANGABAD




                                                         
                            WRIT PETITION NO.9017 OF 2016

    The Head Master,
    Baliram Patil Vidyalaya,




                                                        
    Cidco, N-9, 
    Aurangabad                                                --       PETITIONER 

    VERSUS




                                            
    Subhash Jagannath Jadhav,
    Age-53 years, Occu-Nil,   
    R/o Cidco, N-6,
    Sinhagad Colony, M-2,
    39/6, Aurangabad                                          --       RESPONDENT

Ms.Suvarna Wadkar h/f Mr.S.S.Jadhavar, Advocate for the petitioner. Mr.Y.B.Bolkar, Advocate for the respondent.

( CORAM : RAVINDRA V. GHUGE, J.)

DATE : 29/08/2016

ORAL JUDGMENT :

1. Rule. Rule made returnable forthwith and heard finally by the

consent of the parties.

2. The petitioner is aggrieved by the impugned order dated

06/04/2016 by which Misc.Appl.No.11/2015 filed by the respondent

herein seeking condonation of delay of 6 years and 4 months has

been allowed.

khs/AUGUST 2016/9017-d

3. I have heard the learned Advocates for the respective sides.

4. The respondent claims to be suspended on 30/04/2008 and

was terminated on 07/01/2009. It is contended in the application

for condonation of delay before the School Tribunal that the

respondent was taking medical treatment during the period

01/09/2008 to 18/06/2011 with the Government Medical College

and Hospital at Aurangabad. He got the knowledge of his

termination on 13/04/2015 and therefore he filed the appeal. The

School Tribunal has considered that there was no proof of service of

order of termination on the respondent/appellant and hence delay

needs to be condoned.

5. The other issue raised in this petition is that though the

petitioner Head Master of the School and the Chairman of the

Jr.College (read Principal) have been arrayed, the Secretary of the

Vasantrao Naik Shikshan Prasarak Mandal, Aurangabad, has not

been arrayed.

6. Though the learned Advocate for the respondent Mr.Bolkar has

strenuously supported the impugned order, I do not find that the

impugned order could be sustained. Mr.Bolkar submits that the

khs/AUGUST 2016/9017-d

appellant had in fact approached the Education Officer. The

Management was directed to reinstate the appellant. The direction

was not complied with and therefore he approached this Court. The

learned Division Bench, by order dated 10/04/2015, granted liberty

to the appellant to avail of an appropriate remedy. These aspects do

not find any reference in the impugned order by which the Tribunal

has condoned the delay of about 6 years and 4 months.

7. In the light of the above, this petition is partly allowed. The

impugned order dated 06/04/2016 is quashed and set aside and

Misc.Appl.No.11/2015 is restored to the file of the School Tribunal,

Aurangabad with the following directions :-

(a) The litigating sides shall appear before the Tribunal on

01/09/2016 keeping in view that the appeal has been

registered and is posted for hearing on the said date.

(b) Needless to state, with the restoration of the Misc.application,

the Tribunal shall not proceed with the main appeal.

(c) The respondent is at liberty to delete respondent No.1 and

add the President of Vasantrao Naik Shikshan Prasarak

Mandal, Aurangabad.

(d) The Tribunal shall, therefore, issue notice only to the newly

added respondent and the Misc.application shall be decided

khs/AUGUST 2016/9017-d

after hearing all the sides by passing a reasoned order.

8. Rule is made partly absolute in the above terms.

( RAVINDRA V. GHUGE, J.)

khs/AUGUST 2016/9017-d