JUDGMENT - CHANDRACHUD D.Y. (Dr.), J.:-In pursuance of the order of the Court dated 11th December, 2003, issuing notice, the first respondent has appeared. Service has been effected on the second and third respondents and an affidavit of service has been filed. The fourth respondent, the State of Maharashtra is served and appeared on the previous occasion through the A.G.P.

2. The first respondent was appointed initially as an assistant teacher and thereafter since 1st November, 1991 as a Headmaster in a primary school run and conducted by the petitioner at Barshi. On 16th October, 1998, the first respondent tendered his resignation as Headmaster. The resignation, it is admitted, was submitted in person. The management accepted the resignation on 3rd November, 1998. On 7th January, 1999, the first respondent instituted a civil suit contending that the resignation was not voluntary and prayed for reinstatement with back wages. The plaint came to be returned for presentation before the School Tribunal, having regard to the provisions of section 9 of the Maharashtra Employees of Private Schools (Conditions of service) Regulation Act, 1977 ("the Act"). Parties were heard by the School Tribunal.

3. By an order dated 17th October, 2003, the School Tribunal came to the conclusion that the resignation dated 16th October, 1998 was not valid in law. The Tribunal held that the first respondent shall be deemed to be in continuous service as a Headmaster of the school from the date of his promotion till the acceptance of his resignation and thereafter until he retires from service. Before the Tribunal, the first respondent had, however, stated that he was willing to apply for voluntary retirement with effect from 31st December, 2003. Consequential orders were thereupon passed by the Tribunal, directing the management to forward all the papers in connection with the application of the first respondent for voluntary retirement to the Administrative Officer of the school board at Barshi. The Tribunal directed that the first respondent shall be deemed to have retired from service on 31st December, 2003 and would be entitled to consequential benefits including continuity of service, pay fixation, leave encashment, pensionary benefits and gratuity.

4. When this petition came up for admission on 11th December, 2003, a statement was made before the Court on behalf of the petitioner that the management accepts operative directions four to seven issued by the School Tribunal. The only challenge which was preferred was in respect of operative directions two and three. In order to facilitate an understanding of the extent of the challenge, it would be appropriate to extract the directions given by the Tribunal :

"1. Appeal allowed without costs.

2. The acceptance of appellants resignation dated 16th October, 1998 by management is hereby quashed and set aside.

3. Appellant shall be deemed to be (in) continuous service as Headmaster of the school from his promotion as Headmaster from 1st November, 1991 till acceptance of resignation dated 16th October, 1998 and even thereafter till today and thereafter till his retirement.

4. Appellant shall be deemed to have applied for voluntary retirement by treating pursis Exh. 32 as his application for voluntary retirement.

5. Appellant Headmaster and respondent management shall prepare all the necessary papers for appellants retirement and submit the same to Administrative Officer, Municipal School Board, Barshi or concerned authority and the authority shall act accordingly of retirement of appellant on 31-12-2003.

6. Appellant shall prepare his pay bill at the pay scale of Headmaster and submit the said bills i.e. the bills for difference of pay between Headmasters post and Asst. Teachers post (Salary of Asst. Teachers post already drawn by him).

7. Appellant shall be deemed to have been retired on 31st December, 2003 (after office hours). Appellant will be entitled for all the consequential benefits of service continuity

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