:1: IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 5125 OF 1999 WRIT PETITION NO. 5125 OF 1999 WRIT PETITION NO. 5125 OF 1999 Indira Ramchandra Patil ] Asman Building, ’A’ Wing, ] Room No. 103, 1st floor, Behind ] Vikas Apt., Near Nirman Park ] Kalyan (W) ] ..Petitioner versus 1. President, Savitribai Phule ] Education Society, Mumbai ] c/o. Samyak Naka, Netivali ] Kalyan, Dist : Thane ] 2. Samyak Vidyalaya (Primary) ] Suchak Naka, Netivali, ] Kalyan, Dist : Thane ] 3. Sujata Eknath Gaonkar ] Samyak Vidyalaya (Primary) ] Suchak Naka, Netivali, ] Kalyan, Dist : Thane ] 4. Education Officer (Primary) ] Kalyan Dombivli Municipal ] School Board, Kalyan, ] 5. State of Maharashtra ]..Respondents Mr. Mandar Limaye i/b. Mr. R. S. Apte for the Petitioner. Mr. A P. Vanarse, AGP for the Respondent No. 5. CORAM : S. A. BOBDE, J. CORAM : S. A. BOBDE, J. CORAM : S. A. BOBDE, J. DATE : 22ND JANUARY, 2009. DATE : 22ND JANUARY, 2009. DATE : 22ND JANUARY, 2009. ORAL JUDGMENT : ORAL JUDGMENT : ORAL JUDGMENT : . Heard learned counsel for the parties. :2: 2. The petitioner is aggrieved by the order of the Tribunal dismissing her appeal. The petitioner had filed appeal challenging how there is a reduction in rank by the management on 1.11.1996 to the post of Assistant Teacher from the post of Regular Head Mistress. She claims that she was appointed as a regular Head Mistress on 29.1.1996, vide Exhibit ’D’. The Tribunal has not considered the petitioner’s grievance at all. Instead of going into the question whether the petitioner was reduced in rank according to law or not, the Tribunal has made observations regarding the fact that there is no order in writing served on the petitioner and that the reduction in rank was by an oral order or an order in writing. Since the petitioner had pleaded a reduction in rank, the Tribunal was bound to examine its validity. The Order of the Tribunal has resulted in a grave miscarriage of justice. The writ petition is accordingly allowed. The matter is remanded back to the Tribunal for a fresh decision in accordance with law. 3. Rule made absolute in the above terms. :3: (S. A. BOBDE, J.) (S. A. BOBDE, J.) (S. A. BOBDE, J.)