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CASE NO.: Appeal (civil)  1243 of 2008

PETITIONER: EDUCATION OFFICER (PRIMARY), OSMANABAD

RESPONDENT: MOHAMMED & ORS

DATE OF JUDGMENT: 12/02/2008

BENCH: TARUN CHATTERJEE & H.S. BEDI

JUDGMENT: JUDGMENT

O R D E R

CIVIL APPEAL NO.1243 OF 2008 (@ S.L.P.(C)No.6241/2006)

       Leave granted.         Heard learned counsel for the parties.         This appeal is directed against the final judgment and order dated 30th  September, 2005, passed by the High Court of Judicature at Bombay, Bench at  Aurangabad in Writ Petition No.1188 of 2004.  In the impugned order ultimately the  Division Bench of the High Court passed the following order: "In the result, the writ petition is allowed.  The impugned order  dated 30.9.2002 passed by the Respondent No.2 is quashed and set  aside.  We direct the Respondent No.4 to absorb the Petitioner as an  excess employee under Rule 26 of the M.E.P.S. Act in any other  recognized and aided private school.  The absorption shall be  granted within a period of three months from today, failing which,  on expiry of three months, the Education Officer shall start  releasing salary in favour of the Petitioner."         We have carefully examined this order of the High Court.  It appears  from the records that the order of the School Tribunal was an ex-parte order in  which the present appellant was not a party.  It is also an admitted position that an  application for recall of that ex-parte order passed by the School Tribunal has  already been filed at the instance of the  appellant,  which has not yet been decided.   

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If that application is allowed and the order is recalled, there cannot be any dispute  that the right that has been accrued to the present respondent shall automatically  come to an end. On the other hand, if the application is rejected the respondent  would be entitled to all benefits arising out of the said order.         That  being  the  position,  we  dispose  of  this appeal by directing the  School Tribunal to decide the said application for recall positively within three  months from the date of supply of a copy of this order before the School Tribunal,  without being influenced by any of the observations made by the High Court or any  observation made by us in this order, and without granting unnecessary  adjournment to either of the parties.         The appeal is disposed of accordingly with no order as to costs.