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2015 Supreme(Bom) 394

M.S.SONAK
Raghunath Bapu Nangare – Appellant
Versus
Jai Shivrai Shikshan Prasarak Mandal – Respondent


Advocates Appeared:
Mr. N.V. Bandiwadekar with Mr. Sagar Mane for Petitioner.
Mr. Anil Matale with Ms Archana Gaikwad for Respondent Nos. 1 and 2.
Mr. M.S. Topkar for Respondent No.3.
Mr. A.R. Metkari – AGP for Respondent No.4.

JUDGMENT

M.S. SONAK, J.

1. Rule. With the consent of and at the request of the learned counsels for the parties, Rule is made returnable forthwith. Besides, by order dated 18 December 2014, the parties were put to notice that this petition would be disposed of at the stage of admission itself.

2. This petition is directed against the judgment and order dated 27 August 2014 (impugned order) made by the School Tribunal, Kolhapur, dismissing the petitioner's appeal against the order dated 13 February 2014 made by the respondents – management, reducing the petitioner in rank from the post of Head Master to that of Assistant Teacher.

3. It is the case of the petitioner that the petitioner came to be appointed as an Assistant Teacher at the Bhadole High School (School) vide appointment order dated 31 May 1993 effective from, 1 June 1993 and that such appointment was approved by the Education Department on 8 January 1995. The learned counsel for the management has raised some dispute with regard to such approval and it is a fact that such approval order dated 8 November 1995 has not been produced on record. Further, by order dated 1 August 1997, the petitioner was promoted to the post of He















































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