Bombay High Court
Almas Welfare Socity., Thr. Its ... vs Afroz Shahin D/O Rauf Khan And Anr on 18 April, 2017
Bench: Ravi K. Deshpande
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR
WRIT PETITION NO. 2287 OF 2009
Almas Welfare Society,
through its Secretary, Salim
Khan Sayeed Khan, R/o Almas Nagar,
Old Town, Badnera,
Tq. & Distt. Amravati ...... PETITIONER
...VERSUS...
1. Rahat Afroz Salimullah Khan,
aged about 30 years, Occ. Asstt. Teacher,
R/o. Old Town, Badnera,
Tq. And Distt. Amravati.
2. The Education Officer (Primary),
Zilla Parishad, Amravati, RESPONDENTS
AND
WRIT PETITION NO. 2288 OF 2009
Almas Welfare Society,
through its Secretary, Salim
Khan Sayeed Khan, R/o Almas Nagar,
Old Town, Badnera,
Tq. & Distt. Amravati ...... PETITIONER
...VERSUS...
1. Afroz Shahin d/o Rauf Khan,
aged about 29 years, Occ. Asstt. Teacher,
R/o. Almas Colony, Old Town, Badnera,
Tq. And Distt. Amravati.
2. The Education Officer (Primary),
Zilla Parishad, Amravati, RESPONDENTS
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Dr.Anjan De, counsel for Petitioners in both petitions.
Shri S.M.Vaishnav, counsel for Respondent no. 1 in both petitions
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CORAM: R. K. DESHPANDE, J.
th
DATE : 18 APRIL, 2017 .
ORAL JUDGMENT
1] This Court has delivered the judgment in Writ
Petition No. 4031 of 2008, in which the respondent No.1 -
Jawed Ahmed Ubedullakhan was appointed as Assistant
Teacher and claimed to have been appointed in incharge
Headmaster with effect from 16.07.2005. The appointments
of respondent No.1 in both these petitions are made by the
said Jawed Ahmed Ubedullakhan. It is claimed that the
orders of appointment issued to these petitioners also bears
the signature of the President. The management, however,
disputes the signature of the President and a plea is raised in
both these matters including the appeal filed by the Jawed
Ahmed Ubedullakhan that the documents produced are false,
fabricated and forged. The Tribunal to record the findings of
fact on all these aspects of the matter. The decisions in the
appeals filed by the respondent No.1 in both these writ
petitions would depend upon certain findings to be recorded
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in the appeal filed by Jawed Ahmed Ubedullakhan. Hence,
all these appeals can be clubbed together by the School
Tribunal for the purposes of adducing common evidence by
the parties in all these matters.
2] In Writ Petition No. 4031 of 2008, this Court has
set aside the decision of the School Tribunal and the matter
is remanded back to the School Tribunal for the decision
afresh in the light of the observations made by this Court in
the said decision. In view of this, these two writ petitions also
will have to be allowed by setting aside the decision of the
School Tribunal with an order of remand of the matter to the
School Tribunal for decision afresh, along with the appeal
filed by the Jawed Ahmed Ubedullakhan.
3] In the result, both these writ petitions are
allowed. The judgment and order dated 30.09.2008 passed
by the School Tribunal in Appeal Nos. 25 of 2007 and 26 of
2007 are hereby quashed and set aside. The matters are
remitted back to the School Tribunal for decision afresh in the
light of the observations made by this Court in Writ Petition
No. 4031 of 2008.
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The parties to appear before the School Tribunal
on 19.06.2007. The School Tribunal to decide the matters
within a period of eight months from the date of first
appearance of the parties before it.
Rule is made absolute in above terms. No orders
as to costs.
JUDGE
Rvjalit
