JUDGMENT - MHASE S.B., J.:—This petition is directed against the judgment and order passed by the Presiding Officer, School Tribunal, Nagpur on 7-1-1984 whereby the petitioner was directed to reinstate the respondent No. 1 in service with effect from 17-3-1982 with continuity and seniority in service. Respondent No. 1 is further held to be entitled for future pay and allowances from the date he joins and the respondent No. 1 was directed to join his services forthwith or in any case on or before 30-1-1984.

2. The petitioner is a Science College and the respondent No. 1 was appointed by order dated 26-9-1991 as a part-time teacher purely on temporary basis to teach the subject of Biology (Botany) even though the respondent No. 1 is possessed of M.Sc. degree in Zoology. This was not a regular appointment in a clear vacancy and, therefore, his appointment was on clock-hour basis @ Rs. 10/- per clock-hour. It was a purely temporary appointment subject to the approval from the Education Officer and the Local Managing Committee of the College. Thus, the petitioner was in service from 1st October, 1981. His services were terminated by order dated 16th March, 1982 with effect from 17th Marc

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