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2009 Supreme(Bom) 1090

S.S.SHINDE
Ashok s/o Balaji Biradar – Appellant
Versus
Mahesh Shikshan Prasarak Mandal – Respondent


Advocates appeared:
For the Appearing Parties:Vivek Dhage, B.L. Sagar Killarikar, V.D. Gunale, Advocates.

Judgment :

1. This petition takes exception to the judgment and order dated 3rd April, 2002 passed by the Presiding Officer, School Tribunal, Aurangabad in 216 of 1996.

2. The background facts of the case are as under:

The petitioner herein preferred the appeal before the School Tribunal against the termination of his services. It is the case of the petitioner that he was appointed as a Clerk in the year, 1994. He had served continuously for a period of two years on the post of Clerk. The Education Officer – respondent No.3 has accorded approval to his appointment.

3. It is the case of the petitioner that respondent No.1 Secretary, Mahesh Shikshan Prasarak Mandal, Udgir told him that if he is not in a position to pay Rs.50,000/- then he should resign. It is further case of the petitioner that the Secretary pressurized the petitioner to resign since he was not able to pay Rs.50,000/-. Respondent No.1 forcefully took resignation of the petitioner on the Bond Paper of Rs.20/- which was purchased by the petitioner – appellant on 6th July, 1996. Respondent No.1 also asked the petitioner to write his resignation on three blank papers and accordingly, on 6th July, 1996 the petitioner here































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