ORAL JUDGMENT :- By this writ petition, petitioner No. I-Institution and petitioner No. 2 - its Principal, challenge the judgment delivered by the University and College Tribunal, Nagpur, on 29-10-1996 allowing the Appeal No. A-18 of 1996 filed by present respondent No.1 and quashing and setting aside his termination dated 6-9-1995 and ordering his reinstatement as a confirmed Peon. The Tribunal has also directed the petitioners to pay him all his emoluments from 7-10-1995 till the date of his joining. This Court has while admitting writ petition, granted stay and therefore respondent No. 1 is still out of employment.

2. Respondent No.1 joined the services as Peon on 1-4-1991 and it appears that he was appointed on probation in time scale up to 31-3-1993. He was also confirmed by issuing separate orders with effect from 10-4-1993 as per resolution passed in the meeting of Executive Body of the College. It appears that the petitioners were not receiving any grant-in-aid initially and the College was started in 1989. In fourth year, i.e. in the year 1993, they started receiving 25% of the grant. As respondent No.1 was about 38 years of his age on the date of appointment, he was overa

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