B.P. Dharmadhikari, J.

1. Heard the learned Counsel for the parties.

2. We have perused judgment delivered by School Tribunal in Appeal No. STN/176/95 on 19.2.1997. There because of three years’ service put in by the present appellant from 1992-93 onwards and provisions of Rule 9(9) (a) of Maharashtra Employees of Private Schools (Conditions of Service) Rules, 1981 (hereinafter referred to as “1981 Rules”) an inference of proper selection and, therefore, right to post has been drawn. Accordingly, a relief of reinstatement was given by setting aside the order of termination dated 30.3.1995.

3. Management approached learned Single Judge of this Court in Writ Petition under Articles 226 & 227 of the Constitution of India. That Writ Petition No. 861/97 has been allowed on 16/18 March, 2009. Learned Single Judge has found material on record insufficient to take recourse to Rule 9(9) (a) of 1981 Rules. Thus, judgment of School Tribunal was quashed and set aside. The learned Single Judge has also found that respondent before it worked only in 1992-93 and thereafter in 1994-95. In other words, she was not in employment in 1993-94.

4. This judgment of learned Single Judge has been que