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2016 Supreme(Bom) 485

RAVINDRA V.GHUGE
Magasvargiya Shikshan Sanstha, Talegoan, Tq. Bhokardan, District Jalna through its President, Shri Kailas Manikrao Gavhad – Appellant
Versus
Bhausaheb Sonaji Kakade – Respondent


Advocates Appeared:
For the Petitioners: Shri V.V.Deshmukh
For the Respondent 1:Shri H.S.Surve, Respondent 2:Shri A.P.Basarkar, AGP, Respondent 3: Shri S.V.Dixit
Amicus curiae : S/Shri Ashok Patil, T.K.Prabhakaran, S.V.Dankh, Yatin Thole & Y.R.Marlapalle

JUDGMENT :

1. Heard learned Advocates for the respective parties.

2. Rule.

3. By consent, Rule is made returnable forthwith and the petition is taken up for final disposal.

4. A vital issue emerges in this petition:-

"Whether under Rule 16(2) of the Maharashtra Employees of Private Schools (Conditions of Service) Rules, 1981 (“MEPS Rules” for short), issuance of a notice to the temporary / probationer employee before arriving at a conclusion that he/she has voluntarily abandoned employment would be a necessity?"

5. Considering the conspectus of the matter, I had invited the learned Advocates practicing in service law to render their assistance in this matter. I have thus heard the learned Advocates for the litigating sides, as well as, those learned Advocates.

6. The petitioner/management has challenged the judgment and order dated 24.9.2015, delivered by the School Tribunal, Aurangabad, by which, Appeal No. 5 of 2013, filed by the appellant/employee Respondent No.1 herein, has been allowed and he has been granted reinstatement with continuity of service, without backwages.

7. The undisputed aspects in this case are as under:-

(A) The employee is a trained graduate holding B.A. and B.Ed. qu




























































































































































































































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