JUDGMENT :

1. Being aggrieved by the judgment and order dated 12th July, 2012, passed by the learned School Tribunal in Appeal No. 47/2011, the petitioner has preferred this petition.

2. Facts giving rise to this petition are that pursuant to the advertisement dated 6th June, 2010, petitioner came to be appointed in respondent-school i.e. New English School, Nimbhora as Shikshan Sewak by appointment order dated 14th June, 2010. It is the contention of the petitioner that he was subjected to harassment during the period from 14th June, 2000 to 14th July, 2010 by the Chairman -Shri Dnyandeo Bhagwan Nemade and respondent No. 2 Headmaster - Shri Ashok Huna Warke. It is further contended that within a day or two after joining the service, respondent No. 4- Secretary -Shri Yogesh Madhukar Kolambe and respondent No. 2 Headmaster - Shri Ashok Huna Warke started harassing and blackmailing the petitioner to give them more amount. Both the Headmaster and the Secretary were bent upon terminating the services of the petitioner from the New English School, Nimbhora, Tq. Raver, Dist. Jalgaon. It is further contended that on account of harassment by respondent No. 2, petitioner decided to get higher education and for the purpose he went to the office of the Education Officer as he was directed to remain present before the Education Officer on 14th July, 2011. It is further contended that because of the harassment caused to the petitioner, he tendered his resignation on 14th July, 2011. However, since the financial condition of the petitioner was not good, he gave an application on 18th July, 2011 for withdrawal of his resignation dated 14th July, 2011. Respondents No. 1 and 2 did not accept this application and, therefore, petitioner sent the said application for withdrawal of resignation by R.P.A.D. The application sent by R.P.A.D. was not claimed by respondents No. 1 and 2. Petitioner received a letter dated 22nd August, 2011, wherein it was mentioned that petitioner had tendered resignation from the post of Shikshan Sewak before the Education Officer and the same was duly certified by the Education Officer and the School Committee had passed a resolution dated 21st July, 2011 in which, resignation of the petitioner was accepted and the services of the petitioner came to an end with effect from 14th July, 2011.

3. It is contended that the resignation was tendered without following the procedure under Section 7 of the Maharashtra Employees of Private Schools (Condition of Service) Act, 1977 ( for short ‘MEPS Act’) and Rule 40 of the Maharashtra Employees of Private Schools (Condition of Service) Rules, 1981 (for short ‘MEPS Rules’). Said resignation was not in consonance with the provisions of Section 7 of MEPS Act and Rule 40 of MEPS Rules. It is further contended that petitioner wanted to withdraw his resignation. Therefore, on 18th July, 2011, he went to the school and tendered application for withdrawal of the resignation but that was refused by the school authorities. Therefore, he despatched the said application by R.P.A.D. on 18th July, 2011. Endorsement on the envelop shows that the said envelop was not claimed by the respondents and, therefore, the same should be treated as served on respondents No. 1 and 2. The envelop was returned to the petitioner on 26th July, 2011. Respondents No. 1 and 2 had told the petitioner that a lot many candidates were ready to pay more than Rs. 20,00,000/-. Resignation of the petitioner was accepted on 21st July, 2011 and it was communicated to the petitioner on 22nd July, 2011. According to the petitioner, resignation was submitted without following prescribed procedure under Section 7 of the MEPS Act and Rules thereunder. In this manner, services of the petitioner came to be terminated on account of his resignation.

4. After receipt of the order of acceptance of resignation, petitioner preferred Appeal bearing No. 47/2011 before the School Tribunal, Nasik. In the appeal, petitioner made all the aforesaid