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 herein submitted his resignation in writing on one Bond paper of Rs.20/- and three on blank papers. It is further case of the petitioner that Respondent No.1 forced him to write in the resignation letter that he is resigning on his own accord due to domestic difficulties and due to ill health. The petitioner’s case is that the resignation tendered by him is not willful but, the same was obtained forcefully by respondent no.1. Therefore, the petitioner filed an appeal challenging the illegal and arbitrary action of respondent no.1 Secretary asking his resignation and not allowing the petitioner to discharge his duties as a Clerk since 6th July, 1996.

4. It is further case of the petitioner that he is deemed permanent employee as he served continuously for a period of two years. So he is entitled for continuation and regularization in service. Resignation obtained by respondent no.1 was against the will of the petitioner and, therefore, the petitioner prayed in the appeal that he be continued in service as a Clerk in respondent no.1 institution. The petitioner in appeal prayed that respondents be directed to continue services of the appellant / petitioner as a clerk in respondent no.2 school and further they should pay salary of the appellant / petitioner regularly month to month, and call for record and proceedings from the respondent institution.

5. Respondents No.1 and 2 herein filed written statement on 8.8.1997 and denied all allegations leveled against them by the petitioner. It is stated that respondent no.1 never demanded Rs. 50,000/- as alleged by the petitioner for continuation of service. It is further denied that respondent no.1 pressurized the appellant / petitioner for payment of Rs.50,000- else to resign. It is also denied that the Secretary has forcefully took resignation on three blank papers as alleged by the petitioner on 6.7.1996. By way of additional say, it was contended by respondents no.1 and 2 that due to domestic difficulties and cause of ill health, the resignation was tendered by the petitioner / appellant and the same was accepted by respondent no.1 in presence of the Education Officer, Zilla Parishad, Latur. According to respondent no.1, the appellant accompanied respondent no.1 and they went before the Education Officer, Zilla Parishad, Latur on 11.4.1996. The Education Officer verified the real facts and asked several questions to the appellant / petitioner as to why he wanted to resign from the post of clerk. The petitioner pointed out difficulties to the Education Officer and wrote resignation letter in his presence and on said resignation letter of the petitioner, the Education Officer made his endorsement. Respondent No.1 accepted the resignation of the petitioner in the meeting of the management on 14th April, 1996. It