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2024 Supreme(Bom) 471

GAURI GODSE
Shri. Patil Samgonda Namgonda – Appellant
Versus
State of Maharashtra – Respondent


Advocates appeared:
Mr. Kuldeep Nikam a/w Ms. Prerana K. Nikam and Mr. Om N. Latpate for the petitioner; Mr. Nilesh Desai for respondent no. 4, Smt. M. S. Bane AGP for the State

JUDGMENT

Gauri Godse, J. - This petition challenges the dismissal of the petitioner's appeal filed under section 9 of The Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977 ('MEPS Act') before the School Tribunal. The petitioner preferred the appeal challenging the order of termination dated 6th October 2001 passed by respondent no. 4 (management) and for issuing directions to reinstate the petitioner as headmaster with full back wages and continuity of service w.e.f. 6th October 2001.

Petitioner's Case:

2. The petitioner was appointed headmaster by the management on 19th June 1991. In the year 2001, the order dated 6th October 2001 intimated him that he had been removed from the post of headmaster w.e.f. 6th October 2001. Hence, the petitioner filed Appeal No. 99 of 2001 with a prayer to declare the order dated 6th October 2001 amounting to reduction in rank to be illegal. The petitioner thus prayed for reinstatement as headmaster.

3. It is the petitioner's case that after he was reduced in rank w.e.f. 6th October 2001, the petitioner attended the school on 9th October 2001. It is his case that after he was reduced in rank, the immediate next date, i

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