By this Writ Petition, the petitioner has challenged judgment and order dated 16-07-2016, passed by the School Tribunal, Amravati, whereby the appeal filed by petitioner challenging order dated 24-07-2015, issued by respondent no.2, has not been interferred with. By the said order, the respondent no.2 held that the petitioner was relieved from his service as teacher in the school run by the respondent no.1 Management having abandoning the service under Rule 16(3) of the Maharashtra Employees of Private Schools (Conditions of Service) Regulation Rules, 1981 (for short, 'Rules').

2. The petitioner working as a Peon in the school run by respondent no.1. On 02-02-2005, the petitioner applied for leave on the ground of ill-health. On 26-03-2005, the respondent no.2 Headmaster sent a communication to the petitioner asking him to submit medical certificate in support of his application for grant of leave on medical ground. In response to the same, on 29-09-2005, the petitioner sent a letter along with medical certificate to the respondent no.2. In the medical certificate, it was certified that the petitioner was suffering from GERD with Anemia and Asthmatic Bronchitis with Anemia.

3. Thereafter, the petitioner did not care to report to the school or to send any communication to the Headmaster or the Management of the school. On 28-11-2014, the respondent no.2 Headmaster sent a communication to the petitioner regarding continuous absence since 02-02-2005. It was stated in this letter that since the petitioner had been continuously absent since 02-02-2005, he was required to submit explanation within a period of three days why it was not to be deemed that he had voluntarily abandoned service under Rule 16(3) of the aforesaid Rules.

4. In response to the said letter, the petitioner sent a letter dated 10-12-2014 to the respondent no.2 Headmaster stating that he had been suffering from ill health since 02-02-2005, and that now he was fit to join duty and further that he would present himself physically fit for reporting on 02-01-2015. On 02-01-2015, the petitioner submitted a joining letter which was endorsed by the respondent no.2 Headmaster. It was stated that he had joined as a Peon at 10.30 am, on the said day. The respondent no.2 Headmaster then sent a communication dated 09-01-2015 to the respondent no.3 Education Officer stating that since the service of the petitioner had not been terminated although he had remained absent from 02-02-2005 to 01-01-2015, the petitioner had been permitted to join the duty on the post of Peon from 02-01-2015 and in that regard the report was being submitted by way of said communication. A copy of the said communication was marked to the respondent no.1 Management. Thereafter, by letter dated 24-07-2015, respondent no.2 Headmaster informed the petitioner that since he had remained absent from duty for more than 5 years continuously, it was deemed that he had voluntarily left the service under Rule 16(3) of the said Rules. It is this communication that was made subject matter of challenge by the petitioner by filing Appeal No.55 of 2015 before the School Tribunal, Amravati. It was contended on behalf of the petitioner that since he had applied for leave, along with medical certificate in the year 2005, even if he reported for duty in the year 2015, it could not be said that he had abandoned his service under Rule 16(3) of the aforesaid Rules.

5. By the impugned order dated 16-07-2016, passed by the School Tribunal, it has been held that the facts at worst demonstrated that there was a mistake committed by respondent no.2 Headmaster in the present case while entertaining communication and issuing letters to the petitioner. It was found that respondent no.1 Management could not be held responsible for continuing the petitioner in service due to the mistake of the headmaster, particularly when Rule 16(3) of the said Rules was absolutely clear as regards the abandonment of service. On this basis, th