NAVA SAMAJ MANDAL vs STATE OF MAHARASHTRA AND ORS

Judgment text excerpt

k 1/11 15 wp 9206.21 as.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.9206 OF 2021 1. Nava Samaj Mandal 2. Nitin Godiwala Junior College of Commerce ....Petitioners V/S 1. State of Maharashtra 2. The Regional Dy Director of Education Mumbai Region 3. Presiding Officer School Tribunal Mumbai 4. Santosh Upadhyay ....Respondents _________ Ms. Rujuta Joshi i/b Ms. Monika Parikh for the Petitioners. Ms. Savina R. Crasto, AGP for Respondent Nos.1 and 2/State. Mr. Vimal Sanghavi for Respondent No.4. __________ CORAM : SANDEEP V. MARNE, J. DATE : 7 NOVEMBER 2025. ORAL JUDGMENT: 1. The Petition challenges judgment and order dated 1 October 2021 passed by Presiding Officer, School Tribunal, Mumbai allowing Appeal No.1 of 2020 filed by the Respondent No.4 challenging his ‘otherwise termination’ from 26 November 2019. The School Tribunal, while allowing the Appeal, has set aside the oral termination of the Respondent No.4 and has directed the Petitioner-Management to reinstate him on his previous post as a full time Assistant Teacher for Hindi subject with full backwages and continuity in service. katkam Page No. 1 of 11 k 2/11 15 wp 9206.21 as.doc 2. Brief facts leading to the filing of the Petition are stated thus: Respondent No.4 came to be appointed as an Assistant Teacher on a temporary basis with effect from 4 July 2008 till 30 April 2009. His services were further extended upto 3 April 2011. In the academic year 2011-12, Respondent No.4 became permanent Assistant Teacher in Hindi subject. In the year 2015, Respondent No.4 was promoted to the administrative post of Supervisor. It is the case of the Petitioner- Management that Respondent No.4 was unable to discharge duties of the post of Supervisor efficiently and there were numero