Remanded

President/Secretary Suvidya Prasarak Sangh and Ors. v. Sanjay Digamber Kapadnis and Ors.

Bombay HC20 Apr 2006WP/10001/2004

Case brief

AI extract

What is this about?

The High Court set aside the School Tribunal's order allowing an appeal on grant reduction due to lack of proper hearing. The matter was remanded for fresh adjudication with opportunity of hearing on merits within six months.

What did the court decide?

The order dated 2.7.2004 is set aside and the matter is remanded to the Presiding Officer for rehearing within six months.

President/Secretary Suvidya Prasarak Sangh… — Pension and Retirement Benefits | Bombay HC (2006)

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

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 CIVIL APPELLATE JURISDICTION

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 WRIT PETITION NO. 10001 OF 2004

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 President/Secretary,
 Suvidya Prasarak Sangh & ors. ... Petitioners

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V/s

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 Shri Sanjay Digambar Kapadnis & ors. ... Respondents

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 Mr. Atul G. Damle for the petitioners.

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 Mr. A.B. Shah for the respondent No.1.

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 Mr. M.H. Solkar, A.G.P. for the State.

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CORAM: P.V. KAKADE, J.

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DATED: 20TH APRIL, 2006

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P.C.:

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 1. The petitioner institute has impugned the order
 passed by the School Tribunal, Mumbai, dated 2.7.2004
 whereby the Appeal No. 17 of 2001 under Sec. 9 of the
 Maharashtra Employees Private Schools (Conditions of
 Service) Regulation Act, 1977 and Rules 1981 was
 allowed. The appellant who is respondent No.1 herein
 had filed the appeal challenging the order of demand of
 grant w.e.f. October 2000 which is liable to be quashed
 and set aside and the prayer that the appellant be

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 reinstated to his original post from the date of
 reducing the rank with back wages and all other
 consequential benefits.

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 2. It appears from the record that the Presiding
 Officer decided the appeal only on the basis of parawise
 remarks submitted by the management and the parties were
 not properly heard on the issues involved. This is
 quite evident from the body of the judgement itself.

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 3. It is quite apparent that the Tribunal had
 considered the question whether the appellant was
 entitled to be reinstated to his original post as full
 time Assistant Teacher from the date of reduction in
 grant of order and to pay the differences and other
 consequential benefits and the Tribunal has raised this
 issue and answered it in affirmative, however, the
 question relates as to the legal status of the
 respondent No.1 during the period of three years 2000 to
 2003 and consequential benefits which aspect has not at
 all been taken into account by the Presiding Officer.
 Under the circumstances, both the parties agreed that
 the matter needs to be re-addressed to the Tribunal for
 the purpose of adjudicating upon the said issue.

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 4. Hence, the Rule is made absolute. The order dated

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 2.7.2004 is hereby set aside.

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 The matter is remanded back to the Presiding Officer for
 adjudication afresh after giving opportunity to all the
 concerned parties to be heard on merits.

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 The matter to be disposed of on merits by the Tribunal
 within a period of six months from the date of this
 order.

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 With these directions, the petition stands disposed of

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 with no order as to costs.

President/Secretary Suvidya Prasarak Sangh and Ors. v. Sanjay Digamber Kapadnis and Ors.

Case brief

What is this about?

What did the court decide?

President/Secretary Suvidya Prasarak Sangh and Ors. v. Sanjay Digamber Kapadnis and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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Issues for consideration

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