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2008 Supreme(Bom) 1047

P.B.MAJMUDAR
SHRI SANT SAWTAMALI SHIKSHAN PRASARAK MANDAL, TEMBHURNI – Appellant
Versus
STATE OF MAHARASHTRA – Respondent


Advocates appeared:
For petitioner: A. M Joshi
For respondent No. 1:A. P. Vanarase, Assistant Government Pleader For respondent No.3: Dinesh W Bhosale

ORAL JUDGMENT :-

Rule. Mr. Bhosale, learned counsel appearing for the respondent teacher, waives service of rule. Mr. Vanarase, learned Assistant Government Pleader, waives service of Rule on behalf of the State of Maharashtra. With the consent of advocates, matter is heard today finally.

2. By filing this petition, the petitioner-management has challenged an order passed by School Tribunal, Pune Region at Sholapur, dated 25th March, 2008 in Appeal No. 98 of 2006 by which the School Tribunal allowed the appeal of the respondent -teacher and set aside the order of termination dated 14th November, 2005.

3. The respondent-teacher (hereinafter "the respondent") had preferred an appeal before the School Tribunal under section 9 of the Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977, hereinafter referred to as "the Act". The case of the respondent is that he was appointed as an Assistant Physical Teacher in the school on 11th June, 2001 as he possessed qualification of B.A. B.P.Ed. It is his case that he had served for four years and five months till 13th November, 2005. It is also the case of the respondent that he had completed the probation period



















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