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2008 Supreme(Bom) 1312

NISHITA MHATRE
Nita Ramesh Danane – Appellant
Versus
Dombivali Mitra Mandal – Respondent


Advocates appeared:
Ms.Anjali N. Helekar for the petitioner.
Mr.S.M.Oak for respondent Nos.1 and 2.
Mr.C.R.Sonawane, A.G.P. for Resp.Nos.3 and 4.

JUDGMENT:

1. The petition challenges two orders passed by the School Tribunal in Appeal Nos. 162 of 1997 and 164 of 1997. The only thing that can be deciphered from these two orders is that the appeals filed by the petitioner have been dismissed. The order of the School Tribunal distorts the facts and is bereft of any reasons.

2. The petitioner was appointed as a Librarian by the respondent by an order dated 22.9.1993. This order mentions that she had been appointed as a full time Librarian consequent upon her application made to the respondents. The appointment was to take effect from 6.10.1993. Clause 2 of this appointment order clearly mentions that her appointment was on probation for a period of two years. The appointment order has been issued by the Head Master of the school. Clause 3 of the appointment order mentions that the terms and conditions of service were governed by the Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977 and Rules made thereunder. The petitioner has contended that she was directed to sign an agreement which was executed on a stamp paper worth Rs.10/- on 20.9.1994. By this agreement, the petitioner had agreed that she



















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