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2023 Supreme(Bom) 753

N. J. JAMADAR
Sahakar Vidya Prasarak Mandal – Appellant
Versus
Dinesh Karbhari Kute – Respondent


Advocates appeared:
N.V.Bandiwadekar, Advocate, A.N.Bandiwadekar, Advocate, Anupama B.Shah, Advocate, S.D.Rayrikar, Advocate

JUDGMENT

1. Rule. Rule made returnable forthwith and with the consent of the learned Counsel for the parties heard finally.

2. The challenge in this Petition is to a judgment and order dtd. 21/12/2021, passed by the learned Presiding Officer Additional School Tribunal, Navi Mumbai in Appeal No. 12 of 2020, whereby the Appeal preferred by the respondent No. 1 came to be allowed and the petitioner No. 1 was directed to appoint the respondent No. 1 as a Supervisor in the petitioner No. 2- School with effect from 1/9/2019, in the place of petitioner No. 4.

3. Shorn of unnecessary details, the background facts leading to this Petition can be stated as under:-

    (a) Sahakar Vidya Prasarak Mandal, the petitioner No. 1 is a Trust registered under Maharashtra Public Trusts Act, 1950. The petitioner No. 1 runs Sahakar Vidya Prasarak Mandal's Secondary School at Kalwa, Dist. Thane, the petitioner No. 2, a Government recognized Secondary School.

    (b) The respondent No. 1 was appointed as an Assistant Teacher in the petitioner No. 2- School on 26/8/1987. The respondent No. 1 then had S.C.C., D.Ed. qualification. The petitioner No. 3 was appointed as an Assistant Teacher on 11/6/1990. The petitioner No

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