Shailendra Mallikarjun Dabbawar vs The Regional Deputy ...
2022 Latest Caselaw 9996 Bom

16-WP-4031-19                                                                                                                    1/2


                       IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                 NAGPUR BENCH, NAGPUR.

                                       WRIT PETITION NO.4031 OF 2019

                Shailendra Mallikarjun Dabbawar, Patanbori, Tah. Kelapur, Dist. Yeotmal
                                                                 -vs-
The Regional Deputy Commissioner, Social Welfare Dept. Amravati Division, Amravati and ors.
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Office notes, Office Memoranda of
Coram, appearances, Court's orders                                     Court's or Judge's Orders.
or directions and Registrar's orders.


                                   Shri V. N. Patre, Advocate for petitioner.
                                   Shri D. P. Thakare, Additional Government Pleader for respondent
                                   Nos.1, 2 and 5.
                                   Shri Y. P. Kaslikar, Advocate for respondent Nos.3 and 4.

                                   CORAM : A. S. CHANDURKAR AND URMILA JOSHI-PHALKE, JJ.

DATE : September 29, 2022

P.C.

The petitioner was serving on the post of Assistant

Teacher at the Ashram School-respondent No.4 which is

conducted by the respondent No.3. His services came to be

terminated on 19/10/2010. Being aggrieved, the petitioner

preferred an appeal before the respondent No.1 who dismissed

the same on merits on 10/04/2018. Being aggrieved, the

aforesaid order has been challenged.

The learned counsel for the parties do not dispute that

since the petitioner is an employee of Ashram School, the

remedy to challenge the order of termination lies with the

School Tribunal under Section 9 of the Maharashtra Employees

of Private Schools (Conditions of Service) Regulation Act, 1977

16-WP-4031-19 2/2

(for short, the Act of 1977). This is in view of the judgment of

the Division Bench in Latika Rajaram Mane vs. State of

Maharashtra and ors. 2013 (4) Mh.L.J. 244. The learned

counsel also pointed out a similar controversy being decided in

Writ Petition No.491/2020 (Sant Dhyaneshwar Bahu Uddeshiya

Mandal, Dhaba vs. Regional Deputy Commissioner, Social

Welfare Department, Amravati and ors.) on 17/12/2021.

In view of aforesaid, the following order is passed :

(i) The order dated 10/04/2018 passed by the respondent No.1 in Appeal No.10/2010 is set aside for want of jurisdiction.

(ii) The petitioner is at liberty to file an appeal under Section 9 of the Act of 1977 for challenging the order of termination dated 19/10/2010.

(iii) If such appeal is preferred within a period of three weeks from today, same shall be entertained on merits without going into the question of delay.

(iv) All points on merits are kept open for being raised and considered by the School Tribunal.

(v) The petitioner is at liberty to request the learned Presiding Officer to decide the appeal expeditiously in the light of the fact that the order of termination is dated 19/10/2010.

Rule is made absolute in aforesaid terms with no order as to costs.

(Urmila Joshi-Phalke, J.) (A. S. Chandurkar, J.) Asmita