ORAL JUDGMENT : - The petitioner - employer has by this writ petition challenged the judgment dated 10 -4 -1992 passed by the School Tribunal, Aurangabad, in Appeal No. 123 of 1989 -A in relation to District - Akola. The School Tribunal has held that transfer of present respondent No. 1 from Saraswati Vidyalaya, Ambashi to Saraswati Vidyalaya at Maslapen amounted to "otherwise termination" of his services as Peon and has therefore, quashed and set aside the order and directed the petitioners to reinstate him as Peon in the School at Ambashi within a period of 40 days. This Court has while issuing Rule in the matter, after hearing both the sides, granted interim stay to this judgment of the School Tribunal.

2. Heard Shri Deshpande, learned counsel for the petitioners, Shri Sable, learned counsel for respondents No. 1 and 2 and Shri Thakre, learned AGP for respondent No.3.

3. Shri Deshpande, learned counsel urged that section 9 of Maharasiltra Employees of Private Schools (Conditions of Service) Regulation Act, 1977, does not permit challenge to transfer order before the School Tribunal. He points out that the respondent in fact obeyed the transfer order, got himself relieved

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