Praja Jagruti Shikshan Sanstha ... vs Ganesh Rangnath Tupe And Another
2021 Latest Caselaw 14846 Bom

                                                                 31wp11133-21.odt
                                               1


                  IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                             BENCH AT AURANGABAD

                          31 WRIT PETITION NO.11133 OF 2021

            PRAJA JAGRUTI SHIKSHAN SANSTHA AHMEDNAGAR THR
                       ITS SECRETARY AND ANOTHER
                                    VERSUS
                   GANESH RANGNATH TUPE AND ANOTHER
                                        ...
                    Advocate for Petitioners : Natu Sharad V.
                          Adv. Abhjit B. Kale for R/1
                                        ...
                            CORAM: MANGESH S PATIL,J.

DATE : 11.10.2021

P.C.:

Heard the learned advocate for the petitioner management and the respondent no.1 employee whose Appeal has been allowed under Section 9 of the Employees of Private Schools (Conditions of Service) Regulation Act, on the ground that he was otherwise terminated and consequential reliefs in the form of reinstatement with backwages has been awarded. This judgment and order is under challenge in this Writ Petition.

          2]       I have heard both the sides.


          3]       It is the stand of the petitioner that though the

respondent was appointed on a vacant post as a permanent employee after following due process, proposal forwarded by it to the respondent no.2 Education Officer for grant of

31wp11133-21.odt

approval was not considered and was kept pending. It is the stand of the petitioner that due to reduction in the strength of pupils, the post was abolished. However, it is apparent that it is not the case of the petitioner about it having retrenched the respondent by following the rules framed under the Act. The question as to whether and to what extent the respondent no.1 would be entitled to the consequential relief of reinstatement apart, the fact remains that it is prima facie a case of illegal termination even when the respondent was appointed on a clear vacant and permanent post by following necessary procedure.

4] Conspicuously even respondent no.2 Education Officer has not taken any stand before the appellate authority.

5] In view of such state of affairs, issue notice to the respondent no.2 returnable within 6 weeks. Subject to the condition that the petitioner deposits within three weeks an amount of Rs.3 lakh before the Tribunal, execution of the impugned order shall stand stayed till the next date. The respondent no.1 shall be entitled to withdraw it by furnishing appropriate security to the satisfaction of the appellate authority.

[MANGESH S. PATIL,J.]

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