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2023 Supreme(Bom) 781

N. J. JAMADAR
Laxman Kashinath Mule – Appellant
Versus
Chairman/secretary, Mahatma Phule Vidyaniketan Sanstha – Respondent


Advocates appeared:
Satish Raut, Advocate, S.D. Rayrikar, Advocate, Manjiri Parasnis, Advocate

JUDGMENT

N. J. Jamadar, J. - Rule. Rule made returnable forthwith and heard finally.

2. This Petition assails the legality, propriety and correctness of the judgment and order passed by the learned Presiding Officer, School Tribunal, Pune dated 6th April, 2022, in Appeal No.29 of 2021, whereby the Appeal preferred by the respondent No. 6, came to be allowed and the order of promotion of the petitioner-respondent No. 6 therein, to the post of Head Master dated 1st January, 2021, came to be quashed and set aside with a direction to respondent No.1-Society to promote respondent No.6 herein to the post of Head Mistress in respondent No. 3 - School with effect from 1st January, 2021, with backwages and continuity of service and all consequential benefits.

3. The Petition arises in the backdrop of the following facts:-

    (a) Respondent No.1 - Mahatma Phule Vidyaniketan Sanstha is a Public Charitable Trust registered under Maharashtra Public Trust Act, 1950. It runs various pre-primary, primary and secondary schools. Dnyanprobdhini Prathmik Vidyamandir - respondent No. 3 is one of the schools run by respondent No. 1. Petitioner was appointed as an Assistant Teacher in respondent No. 3- School o

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