Disposed¶6

Imran Ahamad Gulab Patel v. Waghur Shikshan Prasarak Mandal Sakegaon and Others

Service law – School Tribunal (Maharashtra)

Bombay HC18 Jul 2025WP/4918/2025

Download

Case brief

AI extract

What is this about?

Bombay High Court, Aurangabad Bench; Writ Petition No. 4918 of 2025; Imran Ahamad Gulab Patel v. Waghur Shikshan Prasarak Mandal Sakegaon and Others; S. G. Chapalgaonkar, J.; decided 18.07.2025. Keywords: School Tribunal Nashik; Appeal No. 06 of 2014; Shikshan Sevak; Indira Gandhi Madhyamik Vidyalay Sakegaon; termination dated 01.01.2014; ex-parte interim relief reinstatement; affidavit-in-reply; management Resolution withdrawing termination; deemed continuous service; consequential benefits; impugned order set aside; writ petition disposed.

What did the court decide?

Impugned order dated 24.03.2025 of the School Tribunal, Nashik set aside; petitioner deemed to be in continuous service and entitled to consequential benefits. ¶6

Imran Ahamad Gulab Patel Vs Waghur Shikshan Prasarak Mandal Sakegaon and Others — Bombay HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Impugned order dated 24.03.2025 of the School Tribunal, Nashik set aside; petitioner deemed to be in continuous service and entitled to consequential benefits.

¶6

Issue for consideration

Whether the impugned order dated 24.03.2025 of the School Tribunal, Nashik dismissing Appeal No. 06 of 2014 (affirming the petitioner's termination) should be set aside in view of the management's withdrawal of the termination order.

¶1

Court's answer

As the affidavit-in-reply and the Managing Committee's Resolution establish that the termination order has been withdrawn, the School Tribunal's order affirming the termination loses sanctity.

¶5

Ratio / Principle

The writ petition stands disposed of by setting aside the impugned order dated 24.03.2025 passed by the School Tribunal, Nashik in Appeal No. 06 of 2014.

¶6

Key takeaways

As a consequence of the withdrawal of the termination order, the petitioner is deemed to be in continuous service and is entitled to consequential benefits.ratio¶6

Detailed headnote1 paragraphs

Service law – School Tribunal (Maharashtra) – Petitioner, appointed as Shikshan Sevak at Indira Gandhi Madhyamik Vidyalay, Sakegaon (respondent No. 4) with approval of the Education Officer (Secondary), was terminated on 01.01.2014. His Appeal No. 06 of 2014 before the School Tribunal, Nashik was supported by ex-parte interim relief of reinstatement, pursuant to which he served throughout the pendency of the appeal; the appeal was nonetheless dismissed by order dated 24.03.2025. Before the High Court, respondent Nos. 1 to 4 and 6 filed an affidavit-in-reply with a managing committee Resolution withdrawing the termination and undertaking to continue his service. Finding that the withdrawal stripped the Tribunal's affirmance of the termination of its sanctity, S. G. Chapalgaonkar, J. disposed of the writ petition by setting aside the impugned order and declared the petitioner deemed to be in continuous service, entitled to consequential benefits. (Decided 18.07.2025.)

¶1

911-WP-4918-25.odt

¶2

IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD

¶3

911 WRIT PETITION NO. 4918 OF 2025

¶4

IMRAN AHAMAD GULAB PATEL VERSUS

¶5

WAGHUR SHIKSHAN PRASARAK MANDAL SAKEGAON AND OTHERS

¶6

Mr. Girish S. Rane, Advocate for the Petitioner Mr. P. D. Patil, AGP for Respondents-State Mr. S. V. Dixit, Advocate for Respondent Nos. 1 to 4 & 6

¶7

CORAM : S. G. CHAPALGAONKAR, J. DATE : 18.07.2025

¶8

PER COURT :-

¶9

The present writ petition takes exception to order dated 24.03.2025 passed by learned Presiding Officer, School Tribunal, Nashik in Appeal No.06 of 2014.

¶10

The petitioner was appointed as “Shikshan Sevak” with respondent No.4 i.e., Indira Gandhi Madhyamik Vidyalay at Sakegaon. His appointment is approved by Education Officer (Secondary).

¶11

On 01.01.2014, petitioner has been terminated from service. Aggrieved by illegal termination, petitioner preferred Appeal No.06 of 2014 before learned School Tribunal alleging otherwise termination and sought reinstatement along with consequential benefits. Learned Tribunal granted ex-parte interim relief directing reinstatement of petitioner. In pursuance of interim relief, petitioner continued in

¶12

1 of 2

¶13

(( 2 )) 911-WP-4918-25

¶14

service during pendency of Appeal. However, lastly, learned School Tribunal dismissed Appeal vide impugned order dated 24.03.2025.

¶15

Respondent Nos. 1 to 4 and 6 have filed affidavit-in-reply along with Resolution of management to withdraw termination of petitioner and continue his service. Affidavit-in-reply is signed and verified by Mr. Dilipsingh S/o Pratapsingh patil being Chairman of Waghur Shikshan Prasarak Mandal.

¶16

In view of affidavit-in-reply and Resolution of Managing Committee termination order has been withdrawn. Eventually, order of School Tribunal affirming termination would looses sanctity.

¶17

In result, present writ petition stands disposed of by setting aside impugned order dated 24.03.2025, passed by School Tribunal Nashik in Appeal No.06 of 2014. Net result of corollary of events above petitioner shall be deemed to be in continuous service and shall be entitled for consequential benefits in deference to withdrawal of termination order.

¶18

[ S. G. CHAPALGAONKAR, J. ]

¶19

2 of 2

¶20

HRJadhav

Imran Ahamad Gulab Patel v. Waghur Shikshan Prasarak Mandal Sakegaon and Others

Case brief

What is this about?

What did the court decide?

Imran Ahamad Gulab Patel v. Waghur Shikshan Prasarak Mandal Sakegaon and Others

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Procedural history

Parties & counsel

Coram

Case details

Similar cases

Parmeshwar Gopinath Sherkhane vs Manjula Parmeshwar Sherkhane

Ashok Mahalingappa Baware Died Thr Lrs Vardawani Alias Urmila Ashok Baware and Others vs Pramod Mahalingappa Baware and Another

M/S D.v.Save Thro.Partners. Vs the State of Maharashtra Thro.Collector.

Digambar Baliramji Maske vs Madan Shankar Giri and Others

Vishwanath Ambadas Yede Vs the Registrar General Co. Operative Societies and Others

Limba Dagdadu Sasane Vs Vitthal Dasu Paul