JUDGMENT - A.M. KHANWILKAR, J.:---This writ petition under Articles 226 and 227 of the Constitution of India is directed against the judgment and order passed by the School Tribunal, Nagpur Division, Nagpur dated July 29, 1986 in Appeal No. STN/34/1985.

Briefly stated, respondent No. 2 was appointed in the educational institution run by the petitioner No. 1 Society, being Civil and Rural Engineering Polytechnic (Pipri), Wardha at Wardha, as Inspector in Surveying. In due course, he was promoted as Lecturer in Civil Engineer, in the year 1972. The post of Head of the Department in Civil Engineering of the said educational institution became vacant in or around the year 1983. The Staff Selection Committee interviewed the prospective candidates, in which respondent No. 2 was selected, for being appointed on the said post. Accordingly, respondent No. 2 came to be appointed as the Head of the Department in Civil Engineering vide appointment letter dated July 14, 1983. In the present case we are concerned with the said appointed of respondent No. 2 as Head of the Department in Civil Engineering. The appointment of respondent No. 2 was on certain conditions. This appointment was purely on temporary basis to be on probation for a period of two years from the date of joining and subject to approval by the Director of Technical Education, M.S. Bombay and the Management Committee of Shikshan Mandal, Wardha. The said appointment letter was issued by the Principal of the said institution. One of the condition in the said letter was that if the respondent No. 2 desired to leave the job in the middle of the session or prior to the last day of his working, he was under an obligation to give one month's notice or to surrender one month's pay. Besides the said condition, condition No. 11 stipulated that if during the probation period the work of respondent No. 2 was not found satisfactory, his services would be discontinued and terminated during the probation period without notice. While respondent No. 2 was undergoing probation period, on November 17, 1983, respondent No. 2 sent a letter to the Principal of the institution informing that he has been considered for being appointed as a Principal at Dhamangaon Polytechnic and would wish to resume the said job at the earliest opportunity. Therefore, request was made in the said letter to the Principal of the petitioner's institution to accord sanction for lien over the post of Head of the Department in Civil Engineering for a period of one year, i.e. from December 19, 1983; and to relieve him on December 18, 1983, so as to enable him to join his new assignment possibly by December 1983. In other words, before the probation period of two years was completed, respondent No. 2 decided to quit the job of Head of the Department of Civil Engineering, albeit, by requesting the management to keep his lien on the said post.

2. On receipt of the said letter, the Principal of the petitioner's institution forwarded the same to the Secretary of the petitioner No. 1 society for enabling the management to take a decision with regard to the request made by respondent No. 2 to keep his lien on the said post of Head of the Department in Civil Engineering. It is relevant to point out that copy of the aforesaid letter dated November 17, 1983 sent by the Principal to the Secretary of the petitioner-society was marked to the respondent No. 2 with an endorsement that the issue of lien will be decided by the society, which is competent authority to sanction lien. On receipt of the said recommendation from the Principal of the educational institution of the petitioner-society, the General Secretary of the petitioner-society, by letter dated November 19, 1983, informed the Principal of the educational institution that the request for lien made by the respondent No. 2 was granted subject to certain conditions. Lien was sanctioned only for a period of six months and that too subject to the approval of Director of Technical

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