Bhadravati Shikshan Sanstha ... vs Deputy Director Of Education, ...
2017 Latest Caselaw 1773 Bom

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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?

wp477.17.odt

(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.

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4. Rule is made absolute in above terms. No order as to

costs.

Judge

Lanjewar