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Judgment
Vasanti A. Naik, J.—By this petition, the petitioner impugns the judgment passed by the Presiding Officer, School Tribunal Amravati on 7.1.2002 so far as it recommends the State Government not to release any grant in favour any over-aged employee shown in order dated 31.3.2000.
One Sau. Shalini Gulhane had filed an appeal u/s 9 of the M.E.P.S. Act 1977 before the Presiding Officer, School Tribunal. The matter was compromised between Shalini Gulhane and respondent No. 4 to this petition.
The respondent No. 2 agreed to reinstate Shalini Gulhane in service, provided she gave up the back wages and hence the compromise pursis was filed. The School Tribunal instead of deciding the matter on the basis of compromise pursis, unnecessarily drifted to yet another issue of ratification of appointments of over-aged employees by the Deputy Director of Education. The Presiding Officer allowed the appeal filed by Shalini Gulhane and asked the respondent No. 4 to reinstate her in service without back wages with an understanding that the salary of Shalini Gulhane shall be paid by the management without seeking any grant. A general order was passed by the School Tribunal recommending the State Government not to release any grant in favour of any over-aged employee whose appointment has been ratified by the Deputy Director of Education.
On hearing the learned Counsel for the parties and on perusal of the impugned judgment dated 7.1.2002, it is obvious that the Presiding Officer, School Tribunal committed a jurisdictional error in recommending the State Government not to release any grant in favour of any over-aged employee whose appointment has been regularized by the Deputy Director of Education. The Tribunal did not have jurisdiction to pass such a general order or for that matter any order of that nature, as the matter was compromised between the parties and the legality of the appointment of over-aged persons was not an issue before the Tribunal. It would be necessary to refer to the unreported judgment of this Court dated 26.11.2009 in Writ Petition No. 2540/2002 in this regard.
In the result, the writ petition is allowed. The impugned judgment passed by the Presiding Officer, School Tribunal, Amravati on 7.1.2002 is quashed and set aside so far as it recommends the State Government not to release any grant in favour of any over- aged employee shown in order dated 31.3.2000. The part of the order directing the respondent No. 4 to pay salary of the appellant Shalini Gulhane without taking any grants from the government is also quashed and set aside. Rest of the order passed by the tribunal is hereby maintained. Rule is made absolute in the aforesaid terms with no order as to costs.