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2011 Supreme(Bom) 1493

A.V.NIRGUDE
Shivdutta Education Trust – Appellant
Versus
Harishchandra Rajabali Yadav – Respondent


Judgment :

1. These writ petitions can be decided by this common judgment as the facts are identical. These writ petitions are filed under the provisions of articles 14, 226 and 227 of the constitution of india challenging the judgment and order dated 17 th october, 2011 in appeals nos. 17 of 2009 and 18 of 2009 passed by the learned presiding officer, school tribunal, mumbai. The facts leading to the litigation can be stated as under.

2. The petitioner no.1 is the education trust which runs a school at kandivali (e), mumbai. On 16 th june, 2000 under a scheme of the government of maharashtra, the petitioner no.1 appointed the respondents (respondent no.1 in both the cases) as shikshan sevak on payment of honorarium. As per the government resolution, this appointment was approved by the concerned officer of the government. The scheme of shikshan sevak was subject matter of writ petition and certain order was passed by this court. So in october, 2000, a new government resolution was issued for implementing this scheme with little modification. Soon after the government resolution was issued on 19 th november, 2000, the petitioner no.1 issued revised appointment letter to the respond























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