1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR Writ Petition No. 2413/2009 Abdul Shakeel s/o Abdul Kadir Vs. Moulana Azad Urdu Shikshan Sanstha and others. Office Notes, Office Memoranda of Coram, Appearances, Courts orders or directions Court’s or Judge’s orders and Registrar’s orders. Mr. N. R. Saboo, Advocate for the petitioner. Mr. S.U. Nemade, Advocate for respondents 1 and 2. Mr. A.S. Fulzele, A.G.P. for respondent no.3. CORAM: D.B. BHOSALE AND P .B. VARALE, JJ. DATE : 28TH JUNE 2010. 1] Heard the learned counsel for the parties. 2] In this writ petition, the petitioner has made the following prayers:- “(i) Direct the respondent Education Officer to take coercive action against the respondent no.1 Moulana Azad Urdu Shikshan Sanstha and respondent no.2, Moulana Azad Urdu High School, in not forwarding proposal for approval and information about appointment of the petitioner on the post of peon w. e. f. 21.06.2001. (ii) Direct the respondents to release 2 arrears of salary of the petitioner of duty period on the post of peon and continue to pay during his service in the respondent no.2 Moulana Azad Urdu School, Wadner; (iii) To direct the respondents No. 1 Moulana Azad Urdu Shikshan Sanstha and respondent no.2, Moulana Azad Urdu High School to forward proposal for approval of appointment of the petitioner on the post of peon with further direction to respondent no.3, to consider and grant the approval of the appointment of the petitioner on the post of peon.” 3] It appears that during pendency of this writ petition the petitioner's service was terminated vide order dated 9.9.2009 by respondent no.1- Institute. That order was challenged by the petitioner before the School Tribunal under Section 9 of Maharashtra Employees Private schools (Conditions and Services) Regulation Act, 1977. The School Tribunal vide its judgment and order dated 31.12.2009 allowed the appeal. So far none of the parties to the appeal has challenged the judgment and order of the School 3 Tribunal in further proceedings. The operative part of the order passed by the School Tribunal reads thus:- “ 1] The appeal is allowed. 2] It is hereby declared that the impugned order dated 09.09.2009 terminating w.e.f. 14.09.2009 to the appellant from the post of Peon of the School Respondent no.2, is declared illegal and void and the same is hereby quashed and set aside. 3] The Respondent Nos. 1 and 2 are directed to reinstate the appellant within 30 days from the date of this Judgment on the post of Peon as he was holding it before the date of termination, if already not reinstated or continued in services in view of order dated 11.09.2009 below application Exh.3. 4] The Respondent Nos. 1 and 2 are further directed to record the absence of appellant from the date of termination till the date of reinstatement in service in the Service Book of appellant as a period of continuity in service. 5] The appellant is held entitled for grant 4 of back wages and the Respondent Nos. 1 and 2 are hereby ordered to give the appellant his back wages from 01/10/2009 till the date of reinstatement and other service benefits within 60 days from the date of this Judgment. 6] No order as to the costs. 7] Copy of this order be sent to the Education Officer (Secondary), Zilla Parishad, Amravati for information and necessary action.” 4] In view of the order passed by the School Tribunal, we are satisfied that this petition can be conveniently disposed of by the following order:- (a) Respondent no.1 is directed to forward fresh proposal for approval of the petitioner's appointment on the post of Peon with effect from 21.6.2001 within a period of four weeks from today. (b) Respondent no.3 – Education Officer is directed to consider the proposal, that will be forwarded by respondent no.1 on merits in accordance with law, as expeditiously as possible 5 and preferably within a period of six weeks from the date of receipt of the proposal and shall communicate the order to the petitioner and respondent no.1 immediately thereafter. (c ) Insofar as arrears of salary are concerned, it is open for the petitioner to execute the order passed by the School Tribunal by following the due procedure. 5] With the above observations, the writ petition is disposed of. No costs. JUDGE JUDGE Ambulkar.