JUDGMENT :

1. By order dated 23.03.2023, both Writ Petitions were admitted and expedited. These are cross Writ Petitions.

2. Writ Petition No.655 of 2021 is filed by the School Management on 09.02.2021 impugning the orders dated 22.08.2019 (Exhibit “G” thereto) and 12.11.2020 (Exhibit “O” thereto) passed by the Respondents. Writ Petition (L) No.7172 has been filed by the Teacher on 09.02.2023 impugning the orders dated 22.08.2019 and 12.11.2020 i.e. the same orders.

3. Facts in both Writ Petitions are identical.

3.1. Writ Petition No.655 of 2021 is filed by Our Lady of Dolours School Trust (for short “the School”) and Writ Petition (L.) No.4172 of 2023 has been filed by Ashunta Vivek Prabhu alias Monteiro (who is Respondent No.3 in Writ Petition No.655 of 2021) (for short “the Teacher”). Petitioner No.1 in Writ Petition No.655 of 2021 is a Minority Institution which runs the Petitioner No.2 - English Medium Primary School recognized by the Municipal Corporation of Greater Mumbai (for short “MCGM”). The School receives “Grant-in-Aid” from the Municipal Corporation for payment of salary and non-salary expenses. The Teacher was appointed as Assistant Teacher in the School on 03.01.1992 an