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PETITIONER: LOKSHIKSHAN PRASARAK MANDAL & ANR.

       Vs.

RESPONDENT: RAJENDRAKUMAR AJABRAO MAHALLE & ORS.

DATE OF JUDGMENT:       05/05/1997

BENCH: K. RAMASWAMY, D.P. WADHWA

ACT:

HEADNOTE:

JUDGMENT:                          O R D E R      Leave granted. We have heard counsel on both sides.      This appeal  by special  leave arises  from the interim order passed by the High Court of Bombay, Nagpur Bench, made on February 19, 1997 in Writ Petitioner No.3520/95.      The respondent  was appointed  on July  9, 1992  for  a period of one year. The appointment order read as under:      "Your   appointment    is    purely      temporary for  a period of one year      from 9.7.92  to end  of Session, in      the leave/deputation/vacancy. After      expiry of  the  above  period  your      service  shall   stand   terminated      without any notice."      Subsequently,  on   appointment  was   given   to   the respondent as  indicated in the order of the Division Deputy Director of Education (Genl), dated May 19, 1994 sent on May 21, 1995 which reads as under:      "That due  to refusal  of  sanction      and  provision   from   the   State      Government for the year 1993-94, no      sanction was  granted for any class      on grant-in-aid  basis. Information      to all  Heads of  Schools should be      sent  through  Deputy  Director  of      Education,    Education     Officer      (Secondary)      and      Education      Inspector, Bombay."      Thus, it  could be  seen that  for the year 1993-94, no appointment came  to be made. The respondent filed an appeal in the Tribunal for direction. The Tribunal held that he had been appointed  against a  permanent vacancy  and  the  Head Master has  no authority to pass an order of termination. In the face  of the appointment order, such finding recorded by the Tribunal  is clearly  unwarranted. When  a writ petition was filed  seeking suspension  of the  order, the High Court vacated   the order  of stay  made in the impugned order. In the aforestated  facts, the case was clearly for the stay of Tribunal order pending disposal of the writ petition.      The appeal  is accordingly  allowed. The  order of  the

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High Court  stands set aside. The High Court is requested to dispose of  the writ  petition as expeditiously as possible. No costs.