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Judgment
This Court has delivered the judgment in Writ Petition No. 4031 of 2008, in which the respondent No.1 Jawed Ahmed Ubedullakhan was appointed as Assistant Teacher and claimed to have been appointed in incharge Headmaster with effect from 16.07.2005. The appointments of respondent No.1 in both these petitions are made by the said Jawed Ahmed Ubedullakhan. It is claimed that the orders of appointment issued to these petitioners also bears the signature of the President. The management, however, disputes the signature of the President and a plea is raised in both these matters including the appeal filed by the Jawed Ahmed Ubedullakhan that the documents produced are false, fabricated and forged. The Tribunal to record the findings of fact on all these aspects of the matter. The decisions in the appeals filed by the respondent No.1 in both these writ petitions would depend upon certain findings to be recorded in the appeal filed by Jawed Ahmed Ubedullakhan. Hence, all these appeals can be clubbed together by the School Tribunal for the purposes of adducing common evidence by the parties in all these matters.
In Writ Petition No. 4031 of 2008, this Court has set aside the decision of the School Tribunal and the matter is remanded back to the School Tribunal for the decision afresh in the light of the observations made by this Court in the said decision. In view of this, these two writ petitions also will have to be allowed by setting aside the decision of the School Tribunal with an order of remand of the matter to the School Tribunal for decision afresh, along with the appeal filed by the Jawed Ahmed Ubedullakhan.
In the result, both these writ petitions are allowed. The judgment and order dated 30.09.2008 passed by the School Tribunal in Appeal Nos. 25 of 2007 and 26 of 2007 are hereby quashed and set aside. The matters are remitted back to the School Tribunal for decision afresh in the light of the observations made by this Court in Writ Petition No. 4031 of 2008. The parties to appear before the School Tribunal on 19.06.2007. The School Tribunal to decide the matters within a period of eight months from the date of first appearance of the parties before it.
Rule is made absolute in above terms. No orders as to costs.