Lokshikshan
Prasarak Mandal & ANR Vs. Rajendrakumar Ajabrao Mahalle & Ors [1997] INSC
502 (5 May 1997)
K.
RAMASWAMY, D.P. WADHWA
ACT:
HEADNOTE:
O R D
E R Leave granted. We have heard counsel on both sides.
This
appeal by special leave arises from the interim order passed by the High Court
of Bombay, Nagpur Bench, made on February 19, 1997 in Writ Petitioner No.3520/95.
The
respondent was appointed on July 9, 1992
for a period of one year. The appointment order read as under:
"Your
appointment is purely temporary for a period of one year from 9.7.92 to end of
Session, in the leave/deputation/vacancy. After expiry of the above period your
service shall stand terminated without any notice." Subsequently, on
appointment was given to the respondent as indicated in the order of the
Division Deputy Director of Education (Genl), dated May 19, 1994 sent on May 21, 1995
which reads as under:
"That
due to refusal of sanction and provision from the State Government for the year
1993-94, no sanction was granted for any class on grant-in-aid basis.
Information to all Heads of Schools should be sent through Deputy Director of
Education, Education Officer (Secondary) and Education Inspector, Bombay." Thus, it could be seen that
for the year 1993-94, no appointment came to be made. The respondent filed an
appeal in the Tribunal for direction. The Tribunal held that he had been
appointed against a permanent vacancy and the Head Master has no authority to
pass an order of termination. In the face of the appointment order, such finding
recorded by the Tribunal is clearly unwarranted. When a writ petition was filed
seeking suspension of the order, the High Court vacated the order of stay made
in the impugned order. In the aforestated facts, the case was clearly for the
stay of Tribunal order pending disposal of the writ petition.
The
appeal is accordingly allowed. The order of the High Court stands set aside.
The High Court is requested to dispose of the writ petition as expeditiously as
possible.
No
costs.
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