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2007 Supreme(Bom) 1644

B.H.MARLAPALLE
Shri Sudhakar Chindu Bhadane – Appellant
Versus
Niphad Taluka Education Society – Respondent


Advocates:
Advocate Appeared
Ms. Kumud A. Bhatia for the Petitioner
Mr. P.M. Hardas i/b. Mr. P.N. Joshi, Advocate for Respondent no.3
Mr.A.P.Vanarse, AGP for Respondent Nos. 5 to 7

ORAL JUDGEMENT

1. This petition under Article 227 of the Constitution arises from the order passed by the School Tribunal, Nashik region at Nashik on 24-7-1998 thereby dismissing Appeal No. 1/1998 filed under section 9 of the Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977 (for short MEPS Act).

2. The Petitioner was initially appointed as a junior clerk w.e.f. 1-8-1971 in the Respondent no.1 education society. However, he came to be appointed as an Assistant Teacher sometimes in the year 1975. On 26-6-1992 he was terminated from service and, therefore, he filed Appeal No. 21/1992 which was allowed by the School Tribunal. Said order was challenged in Writ Petition No. 1548/1994 which came to be dismissed by this Court on 27-6-1994 by Division Bench of this Court.

3. As per the Petitioner when he went to join for duty on 6-1-1998 he was not allowed to join by the Head Master and, therefore, he met the Chairman of the Society and requested him to allow him to resume his duties. However, the Petitioner was not allowed to resume duties and, therefore, he filed Appeal No. 1/1998 on or about









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