JUDGMENT - DABHOLKAR N.V., J.:---Both the second appeals challenge judgment and order passed by the learned II Additional District Judge, Beed in Regular Civil Appeal No. 168 of 1984 of his file and hence both the appeals are being disposed of by this common judgment.

It will be convenient to refer to the parties by their original status as plaintiff or defendant/s, as before the trial Court.

2. The litigation began with regular Civil Suit No. 65 of 1978 filed by teacher in the Court of II Joint Civil Judge J.D. Ambajogai, District Beed. The Yogeshwari Education Society, Ambajogai, District Beed, its Secretary and the Principal, Swami Ramanand Teerth Mahavidhyalay, Ambajogai were defendants.

Plaintiff was appointed as a Teacher by defendant No. 1 on 15-6-1966 and was duly confirmed with effect from 15-6-1988. He worked as a Lecturer in English in Yogeshwari College run by the society. He was head of the department at the said college from 1971 to 1976. In August 1976, society issued an order transferring plaintiff to S.R.T. College, Ambajogai. Because of this transfer, he was to loose his status as head of the department. For about one year, plaintiff kept on putting his grievance before the defendant society and ultimately submitted a representation, in writing, in the month of July 1977.

As the representation was not considered by the society, plaintiff decided to seek redress by submitting a letter dated 2-10-1977 in the form of intentions to resign from the post. The letter was accordingly submitted to the society on 7-9-1977. Instead of considering the grievances of plaintiff, society communicated to plaintiff by letter dated 19-9-1977 that his post dated letter was treated as notice of resignation and the same was accepted by the college committee in its meeting held on 17-9-1977. As soon as plaintiff received this letter from the Principal of the college, he submitted another letter dated 21-9-1977 withdrawing the post-dated letter tendered on 7-9-1977. This letter was not replied by the society. However, on 1-1-1978, plaintiff was obstructed from performing his duties and signing the muster roll. The college committee had put before the Governing Council of the society, the decision taken by it on 17-9-1977 and after considering the letter of plaintiff. Governing Council approved the decision of the College Committee, excepting the resignation of plaintiff, in its meeting held on 30-12-1977. The decision of the society was informed to plaintiff.

It was on the backdrop of above stated facts, the suit was filed by plaintiff praying as follows:

(A) That the plaintiff be declared to be continued in service of the defendant society, as if no resignation is tendered by him and as if the same is not validly accepted by the defendants.

(B) That the plaintiff be Awarded past emoluments for the month of January 1978 and future salary and emoluments till the date of decree of the suit. The plaintiff is willing and ready to deposit the Court fees on future salary and emoluments.

(C) Regarding: (Costs of the suit).

(D) Any other relief which the plaintiff is entitled may kindly be Awarded.

The trial Court was pleased to hold that the letter submitted by plaintiff was not a notice of resignation and the act of defendants treating the said letter as notice of resignation was null and void. The trial Court, therefore, decreed the suit as claimed by plaintiff.

Being aggrieved by the said decree, Regular Civil Appeal No. 168 of 1994 was preferred by the society and the learned II Additional District Judge, Beed was pleased to allow the same partly. The learned District Judge held that the post dated letter submitted on 7-9-1977 was submitted with an intention to give an opportunity to defendants to consider his grievance for re-transfer. He also observed that the action of the college committee in treating the letter as resignation in its meeting dated 17-9-1977 and that of the Governing Council in its meeting dated 30-12-1977 was ill

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