Full Judgment Text
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PETITIONER:
LOKSHIKSHAN PRASARAK MANDAL & ANR.
Vs.
RESPONDENT:
RAJENDRAKUMAR AJABRAO MAHALLE & ORS.
DATE OF JUDGMENT: 05/05/1997
BENCH:
K. RAMASWAMY, D.P. WADHWA
ACT:
HEADNOTE:
JUDGMENT:
O R D E R
Leave granted. We have heard counsel on both sides.
This appeal by special leave arises from the interim
order passed by the High Court of Bombay, Nagpur Bench, made
on February 19, 1997 in Writ Petitioner No.3520/95.
The respondent was appointed on July 9, 1992 for a
period of one year. The appointment order read as under:
"Your appointment is purely
temporary for a period of one year
from 9.7.92 to end of Session, in
the leave/deputation/vacancy. After
expiry of the above period your
service shall stand terminated
without any notice."
Subsequently, on appointment was given to the
respondent as indicated in the order of the Division Deputy
Director of Education (Genl), dated May 19, 1994 sent on May
21, 1995 which reads as under:
"That due to refusal of sanction
and provision from the State
Government for the year 1993-94, no
sanction was granted for any class
on grant-in-aid basis. Information
to all Heads of Schools should be
sent through Deputy Director of
Education, Education Officer
(Secondary) and Education
Inspector, Bombay."
Thus, it could be seen that for the year 1993-94, no
appointment came to be made. The respondent filed an appeal
in the Tribunal for direction. The Tribunal held that he had
been appointed against a permanent vacancy and the Head
Master has no authority to pass an order of termination. In
the face of the appointment order, such finding recorded by
the Tribunal is clearly unwarranted. When a writ petition
was filed seeking suspension of the order, the High Court
vacated the order of stay made in the impugned order. In
the aforestated facts, the case was clearly for the stay of
Tribunal order pending disposal of the writ petition.
The appeal is accordingly allowed. The order of the
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High Court stands set aside. The High Court is requested to
dispose of the writ petition as expeditiously as possible.
No costs.