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2010 Supreme(Bom) 1764

R.K.DESHPANDE
Bahujan Vikas Mandal – Appellant
Versus
Ku. Manda Vithalrao Parsutkar – Respondent


Advocates appeared:
For the Petitioners:Mrs. Mugdha Chandurkar holding on behalf of Anand Parchure, Advocates. For the Respondent:R1, A.M. Ghare, Advocate, R2, D.M. Kale, AGP.

JUDGMENT :

1] This writ petition challenges the judgment and order dated 20.11.2007 passed by the learned Presiding Officer, School Tribunal, Amravati, allowing Appeal No. 63/2002, filed by Respondent No.1 and setting aside resolution passed by the petitioners on 29.10.2002, accepting the resignation alleged to have tendered by the Respondent No.1, on 30.7.2002, which is considered to be the otherwise termination of the service. The order of reinstatement and backwages has also been passed and this is the subject matter of challenge in this petition preferred by the Management.

2] The facts leading to the case are as under The respondent no.1 was appointed as an Assistant Teacher on 3.7.1995. She was appointed as in-charge headmistress from 1.7.1996 to 31.7.2002. The case of the Management was that the respondent no.1 had tendered her resignation on 30.7.2002, which was received by the Management on 1.8.2002. The Management by its resolution dated 29.10.2002, accepted the said resignation and it was communicated to the petitioner on 30.10.2002. The case of the respondent no.1 was that she never resigned from the post and the Management had prepared false resignation to terminate her





























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