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2023 Supreme(Bom) 1353

SANDEEP V. MARNE
Janabai Nivrutti Saune – Appellant
Versus
Dharmveer Shambhuraje – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Rahul S. Kadam.
For the Respondents: Kuldeep U. Nikam, Om N. Latpate, P.P. Pujari.

JUDGMENT :

SANDEEP V. MARNE, J.

1. Rule.

2. Rule is made returnable forthwith. With the consent of parties, petition is taken up for final hearing.

3. Petitioner is aggrieved by the judgment and order dated 06 January 2022 passed by the Presiding Officer, School Tribunal, Pune (Tribunal). Petitioner had challenged order dated 01 February 2020 terminating her service w.e.f. 06 February 2020 in her Appeal No. 14 of 2020 before the Tribunal. The Tribunal has proceeded to allow the appeal holding that Petitioner’s termination was against the provisions of law. However instead of granting reinstatement, the Tribunal has directed the management to pay 6 months’ salary to her in lieu of compensation as per Section 11 of the Maharashtra Employees of Private Schools (Conditions of Service) Regulations Act 1977 in addition to costs of Rs.10,000/-. Petitioner is aggrieved by the judgment and order of the Tribunal to the extent of denial of relief of reinstatement in service.

4. Briefly stated, facts of the case are that Petitioner holds educational qualification as H.S.C., D.Ed. She belongs to Special Backward Class (S.B.C.) category. An advertisement was issued by the respondent management for fi

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