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2022 Supreme(Bom) 1010

ROHIT B.DEO
Abdul Shakil Shakil Ahamad S/o. Abdul Rasheed – Appellant
Versus
Husanmiyan Education Society, Nagpur, through its Secretary, Sheikh Shabbir Fidvi, Near Bohara Masjid, Itwari, Nagpur – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. A. D. Mohgaonkar, Adv.
For the Respondent: Mr. M. M. Agnihotri, Mr. N. R. Rode, AGP

JUDGMENT :

The petitioner is assailing the judgment dated 15.04.2008 rendered by the School Tribunal, Nagpur in Appeal STN 41/2006 whereby the appeal preferred by the petitioner challenging the termination order dated 09.11.2006, is dismissed.

2. The petitioner shall be referred to as the employee and the respondent 1 as the employer.

3. The facts, to the extent relevant, are thus:

(i) The employee was initially appointed as Peon vide appointment order dated 24.06.1989 on probation for period of two years, pursuant to permission obtained from the Education Department and after following the due procedure. The employee was promoted as Laboratory Attendant in the year 1993 and in June, 1999 was promoted as Junior Clerk.

(ii) According to the employee he was paid a meager consolidated salary in gross violation of the provisions of the Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977 (MEPS Act) and the Rules framed thereunder which constrained him to address letters cum representations dated 29.08.2005 and 30.09.2005. The just demand of the employee that he be paid salary in accordance with law was not perceived in the right spirit and the Head Mistress

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