(1) WP. 7782.2009+1

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD

WRIT PETITION NO. 7782 OF 2009

Shri Uttam S/o Kondiba Bhujbale

Age : 29 years, Occu.: Service as

Physical Education Teacher,

R/o C/o Manik Secondary School

Chikhali (Bk.), Tq. Kinwat,

District : Nanded .. Petitioner

(Orig. Resp. no.3)

VERSUS

1. Shri Wakore S/o Govindrao Sheshrao

Age: 31 years, Occu.: Nil,

R/o Katkalamba, Tq. Kandhar,

District : Nanded

2. Late Manikrao Guruji Samajik Vikas

Sanstha, Katkalamba, Tq. Kandhar,

District : Nanded,

Through its Secretary

3. Manik Secondary School, Chikhali,

(Bk.) Tq. Kinwat, Dist. Nanded

Through its Head Master

4. The Education Officer (Secondary)

Zilla Parishad, Nanded .. Respondents

(Resp.No.1 is orig.appellant)

WITH

WRIT PETITION NO. 249 OF 2010

1. Late Manikrao Guruji Samajik Vikas

Sanstha, Katkalamba, Tq. Kandhar,

District : Nanded,

Through its Secretary

2. Manik Secondary School, Chikhali

(Bk.) Tq. Kinwat, Dist. Nanded

Through its Head Master .. Petitioners

(Orig. Resp. no.1 and 2)

(2) WP. 7782.2009+1

VERSUS

1. Shri Govindrao S/o Sheshrao Wakore

Age : 31 years, Occu.: Nil,

R/o Katkalamba, Tq. Kandhar

District : Nanded

2. The Education Officer (Secondary)

Zilla Parishad, Nanded

3. Shri Uttam S/o Kondiba Bhujbale

Age : 29 years, Occu.: Service

as Physical Education Teacher,

R/o C/o Manik Secondary School

Chikhali (Bk.), Tq. Kinwat

District Nanded .. Respondents

(Resp.No.2 and 3 are

Orig. Resp. no.4 and 3)

(IN W.P. NO. 7782 OF 2009)

Mr. S.C. Bhosale, Advocate for the petitioner

Mr. R.J. Godbole, Advocate for the respondent no.1

Mr. V.P. Golewar, Advocate for the respondent nos.2 and 3

Mr. S.V. Kurundkar, Addl. G.P. for the respondent-State

(IN W.P. NO. 249 OF 2010)

Mr. V.P. Golewar, Advocate for the Petitioners

Mr. R.J. Godbole, Advocate for the respondent no.1

Mr. S.V. Kurundkar, Addl. G.P. for the respondent-State

Mr. S.C. Bhosale, Advocate for the respondent no.3

...

CORAM : V.R. KINGAONKAR, J.

DATE OF RESERVING

THE JUDGMENT : 18^TH AUGUST, 2010

DATE OF PRONOUNCING

THE JUDGMENT : 3^RD SEPTEMBER, 2010

JUDGMENT:-

1.

Both the Petitions are being decided

together inasmuch as they are filed against same

(3) WP. 7782.2009+1

judgment and order rendered by the School Tribunal,

Latur in Appeal bearing no. 74 of 2007. The appeal

was preferred by the respondent no.1. By the

impugned judgment and order, his Appeal came to be

allowed and he was directed to be reinstated in

service as Physical Education Teacher alongwith full

backwages and consequential benefits. First Writ

Petition (Writ Petition no. 7782 of 2009) is filed by

petitioner Uttam Bhujbale who was appointed on the

post allegedly vacated by the respondent no.1, as

Physical Education Teacher and is likely to be

removed as a result of the impugned judgment whereas

second Writ Petition (Writ Petition no.249 of 2010)

is filed by the educational institution and the

school who are required to comply with the directions

issued by the School Tribunal vide the impugned

judgment.

2.

The respondent no.1 had challenged the

termination order dated 5.12.2007 whereby his

services as Physical Education Teacher and Incharge

Headmaster came to an end w.e.f. 5th January, 2008.

(4)