Hemlata Tanaji Thingale Vs the President, Anil Mahadu Chaudhari and Others

. The petitioner was an assistant teacher and is terminated by the management on 27.03.2013. The petitioner has filed an appeal before the School Tribunal along with stay petition. The stay petition is rejected.

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Mr. Bhrame, the learned counsel submits that, the Tribunal has not considered the say filed by the Education Officer. The post is vacant. The petitioner can be accommodated in the said post during the pendency of the appeal provisionally.

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2 wp 716.14

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According to the learned counsel all these aspects are not considered by the Court. The prima facie case has not been properly considered. According to the learned counsel, if the respondent fills in the post, further complications would be created.

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I have gone through the order. The order of termination has taken effect. In the light of that, request of the petitioner for provisional appointment cannot be considered at this stage. In case, the appeal of the petitioner is allowed, the petitioner would be entitled for the benefits. If any appointments are made on the post which was held by the petitioner, that would not affect the right of the petitioner. In the light of the above, writ petition is dismissed. No costs. The School Tribunal shall decide the appeal expeditiously and preferably within a period of nine (9) months from today.

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[ S. V. GANGAPURWALA, J. ]

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bsb/Jan. 14

Hemlata Tanaji Thingale v. the President, Anil Mahadu Chaudhari and Others

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Hemlata Tanaji Thingale v. the President, Anil Mahadu Chaudhari and Others

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