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2005 Supreme(Bom) 1820

V.C.DAGA
RAMCHANDAR RAMADHAR YADAV – Appellant
Versus
HYDERABAD (SIND) NATIONAL COLLEGIATE BOARD – Respondent


( 1 ) THIS petition is directed against the judgment and order dated 3rd September, 1993 passed by the Presiding Officer, School Tribunal, bombay ("tribunal" for short) in Appeal No. GEN/126/thn-55 of 1993, whereby appeal filed by the petitioner came to be rejected holding that his appointment was for one academic year with effect from 3rd December, 1992 as such he was a temporary employee. Factual Matrix:

( 2 ) THE factual matrix of the case reveals that the petitioner came to be appointed as Peon, pursuant to the application made by him, with effect from 3rd december, 1992. The relevant term of the appointment order reads as under : to shri Ramchander R. Yadav. "with reference to your application. . . . . . . . . . . . . . . from time to time. 2. Your appointment is temporary for a period of in clear vacancy of Shri shejwal Shivram who in the leave vacancy has resigned. After expiry of the above period, your services shall stand terminated without any notice.

( 3 ) PURSUANT to the aforesaid order, petitioner reported on duty with effect from 3rd December, 1992. His appointment was approved by the Education officer vide order dated 19th March, 1993 for the current academic year. Th























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