Research › Search › Judgment

Bombay High Court · body

2007 DIGILAW 378 (BOM)

Jai Tulja Bhavani Shikshan Prasarak Mandal v. The Presiding Officer

2007-03-15

B.R.GAVAI

body2007
ORAL JUDGMENT : 1. By way of Writ Petition No. 8496/2005, the petitioner management challenges the order dated 30th September 2005 passed by the learned Presiding Officer, School Tribunal, Aurangabad, in Appeal No. 54/2005, vide which the learned School Tribunal has granted ad interim stay to the impugned termination order issued against respondent no.2 employee, and the ad interim stay is confirmed by the learned School Tribunal vide order dated 5th October 2006, till disposal of the appeal. 2. By way of Writ Petition No. 869/2006, the petitioner employee challenges the order dated 24th October 2005 passed by the learned Presiding Officer, School Tribunal, Aurangabad, on the application dated 3-10-2005 filed by the respondent no.1 / management, in Appeal No. 54/2005, vide which the learned School Tribunal has directed that the ad interim stay granted to the impugned termination order dated 9-9-2005, below stay petition vide order dated 30-9-2005, be kept in abeyance until further orders. 3. Mr. B.L. Sagar Killarikar, learned Counsel appearing on behalf of the petitioner in Writ Petition No. 869/2006 viz. employee, submits that due to the pendency of the present petitions, the appeal before the learned School Tribunal, though ripe for hearing, is not being finally disposed of. 4. It is settled law, that an order directing reinstatement during the pendency of appeal, is in the nature of mandatory injunction and has to be passed in exceptional circumstances. However, since the present petitions arise out of interlocutory orders, I am not inclined to enter into the merits of the matter. I find that the interest of justice would be subserved, if the appeal is directed to be decided within a stipulated period and till the disposal of the appeal, the interim order directing reinstatement, is kept in abeyance till the decision of the appeal. 5. In the result, the Writ Petitions are disposed of with the following directions. The learned Presiding Officer, School Tribunal, Aurangabad, is directed to decide Appeal No. 54/2005 filed by the petitioner in Writ Petition No. 869/2006 viz. employee, on merit, as expeditiously as possible, and preferably within a period of three months from today. It is further directed that the interim order passed by the learned School Tribunal, directing reinstatement pending hearing of the appeal, shall be kept in abeyance till the decision of the appeal. 6. Save and except above directions, the rule is discharged in both the petitions. It is further directed that the interim order passed by the learned School Tribunal, directing reinstatement pending hearing of the appeal, shall be kept in abeyance till the decision of the appeal. 6. Save and except above directions, the rule is discharged in both the petitions. There shall be no order as to costs.