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2017 Supreme(Bom) 690

B.P.DHARMADHIKARI, R.B.DEO
Usha w/o. Yashwantrao Pundlik – Appellant
Versus
President, Lokmata Shikshan Prasarak Sanstha – Respondent


Advocates Appeared:
For the Appellants : Mr. N.R. Saboo
For the Respondent: Mr. H.A. Deshpande

JUDGMENT :

B.P. Dharmadhikari, J.

1. Appellant has reached age of superannuation on 30.6.2010. She claims relief of declaration that refusal of management to permit her to join and perform her duties constituted otherwise termination and she had never resigned from employment. Judgment delivered by School Tribunal on 30.4.1998 holding that she had resigned from service and there was no challenge to that resignation as also, the judgment delivered by learned Single Judge of this Court on 10.02.2006 in Writ Petition No. 1741 of 1998 are assailed with contention that it is perverse.

2. Matter was heard for some time on 8.6.2017 and then came to be adjourned today to enable respective counsel to assist the Court in the matter.

3. Nobody appeared for respondent no. 3 – Education Officer on that day. There is no appearance even today.

4. The School Tribunal has found appeal barred by limitation and also suffering from vice of non-joinder of necessary parties. It has also held that appellants' services were not terminated by management vide notice dated 12.7.2013. The School Tribunal, therefore, finds that petitioner had resigned from services vide resignation dated 10.4.1993 and there was no




















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