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2023 Supreme(Bom) 1265

M. M. SATHAYE
Sarvajanik Education Society Through Its Secretary – Appellant
Versus
State of Maharashtra – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. Shailesh Naidu a/w. Mr. V. Mannadiar i/by Mr. Shaikh Masih
For the Respondent: Mr. P.P. Pujari, Mr. Chetan Mali

JUDGMENT :

1. Rule. Learned AGP waives service for Respondent Nos. 1 and 2. Learned Counsel appearing for contesting Respondent No. 3 waives service. In this matter, notice for final disposal was issued on 27th September, 2022 and according to the office note, Respondent No. 4 is also duly served. In that view of the matter, Rule is made returnable forthwith. Taken up for final disposal with consent.

2. This petition is filed under article 226 of the Constitution of India, inter alia seeking a writ of certiorari or any other appropriate writ to quash and set aside the Judgment and Order dated 25th February, 2020 passed by School Tribunal Mumbai, in Appeal No. 8 of 2019. By said Order, appeal filed by the Respondent No. 3 (‘Teacher’ for short) against the present Petitioners (‘Management’ for short) was allowed, thereby directing the Management to reinstate Teacher on the post of Assistant Teacher (part-time post) in Sociology with continuity in service and full back wages. The Management is further directed to also consider the Teacher for the full-time post, if eventually it so becomes available. Further direction is given to the Management to make all the necessary correspondences

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