1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 2296 OF 2002 1. Seva Niketan Convent } English Medium School } Gandhi Nagar Road, } Kopergaon, Dist. : Ahmednagar} Through its Vice President/} Chairman Sr.Vincenza } Gonsalves, Age : 55 Years, } R/o : Seva Niketan, } Kopargaon, Dist. Ahmednagar } 2. The Vice Chairman } Seva Niketan Convent } English Medium School } Gandhi Nagar Road, } Kopergaon, Dist. : Ahmednagar} 3. The Principal } Seva Niketan Convent } English Medium School } Gandhi Nagar Road, } Kopergaon, Dist. : Ahmednagar} 4. The Secretary } Seva Niketan Convent } English Medium School } Gandhi Nagar Road, } .... PETITIONERS/ Kopergaon, Dist. : Ahmednagar} (ORI.RESP. 2 TO 5) V E R S U S 2 1. Motilal Vitthal Khairnar } Age : 36 Years, Occ. : Service, } R/o : Bh. Devi Temple, } Sainagasri, Near Laxmi Nagar, } Kopergaon, Dist. Ahmednagar } 2. Education Officer } Secondary Division, } .... RESPONDENTS/ Zilla Parishad, Ahmednagar} (NO.1 – ORI. APPELLANT) Dist. : Ahmednagar. } (NO.2 – ORI. RESP.NO. 1) Mr. Atul B.Gatne, Advocate for Petitioner. [ CORAM : S.S.SHINDE, J. ] DATE : 11/09/2009. ORAL JUDGMENT : 1. This Writ Petition takes exception to the Order dated 30/4/2002 passed in Appeal No. 28 of 2002 by the Presiding Officer , School Tribunal, Pune at Solapur. It is not necessary to go into details of the fact. Suffice it to state that the interim order passed by the Tribunal directing the petitioners herein to allow the original appellant/respondent no. 1 herein, in paragraph 4 observes thus : 3 " Heard appellant in person, perused documents. Without touching to the merits of case, Res. No. 2 to 4 are directed to allow appellant to resume his duty as Assistant Teacher w.e.f. 1/5/2002. Appellant will be entitle to 50 % of his total emoluments. The Appeal be heard on merit as early as possible, compliance be report on 4/5/2002. " 2. None appears on behalf of respondent no. 1. 3. Mere perusal of the above interim order by the School Tribunal would show that there is total non application of mind on the part of the School Tribunal. Such interim order is impermissible, that too granting virtually final relief at interim stage. The Tribunal could not have passed such order without touching to the merits of the case. By way of interim order virtually, the Tribunal has allowed the Appeal, which is impermissible. That apart, no reasons whatsoever have been assigned in support of the interim order. Hence, impugned order dated 30/4/2002 passed by the Presiding Officer, School Tribunal is quashed and set aside. Petition is allowed in terms of prayer clause ' B '. As a consequence of granting prayer clause ' B ', the proceedings of contempt on the basis of the impugned order dated 30/4/2002 passed by the Presiding Officer, School Tribunal in Appeal No. 28 of 2002 4 stands dismissed and concluded. Writ Petition is allowed to the above extent. Civil Application, if any, disposed of in view of disposal of main Writ Petition. [ S.S.SHINDE ] JUDGE knp/WP2296.02