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2023 Supreme(Online)(Bom) 2314

HIGH COURT OF BOMBAY
SANDEEP V. MARNE, J
Vijaykumar Raosaheb Kulkarni – Appellant
Versus
The Rasta Peth Education Society – Respondent


Advocates:
For the Appellants/Petitioners: Mr. S. G. Kudle
For the Respondents: Mr. Suresh Butala, Mr. Harshad Sathe, Mr. C. D. Mali

JUDGMENT:

1. Rule. Rule is made returnable forthwith. With the consent of the learned counsels appearing for the parties, petition is taken up for final hearing.

2. By this petition, Petitioner challenges judgment and order dated 20 April 2022 passed by the Presiding Officer, School Tribunal, Pune dismissing Appeal No.29 of 2020. The appeal was filed by Petitioner challenging what he described as ‘oral otherwise termination order’ dated 02 December 2020. It was Petitioner’s grievance before the Tribunal that he had withdrawn the application for ‘voluntary retirement’, but he was still terminated from service on the basis of decision of the School Management to accept the ‘resignation’. Petitioner’s application for ‘voluntary retirement’ is thus treated as ‘resignation’ and by accepting the same, his services are terminated.

3. Facts of the case are that Petitioner was appointed as Assistant Teacher in Vidhyarthi Vikas High School, Bopkhel, Pune run and managed by Yogeshwar Education Society, Sangvi on 01 June 1997. The said secondary school was recognized 100% aided school and the Education Officer (Secondary) Zilla Parishad, Pune had granted approval to Petitioner’s appointment on 23

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