IN THE SUPREME COURT OF INDIA

CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NO.7542 OF 2009 (Arising out of S.L.P. (C) No.24654 of 2008)

Prakash Kisan Shirke                 ...Appellant(s)

Versus

Koyana Education Society and Ors.            ...Respondent(s)

O  R  D  E  R

Leave granted.

This appeal is directed against the order dated 30th  

June, 2008, passed by the High Court of Judicature at Bombay  

in L.P.A. No.120 of 2008 in Writ Petition No.4166 of 1997.

The brief facts, which are relevant for the purpose  

of disposal of this appeal, are recapitulated as under:

The appellant was appointed as a Clerk by order dated  

13th October, 1993, wherein it has been clearly indicated that  

his appointment was made on probation for a period of two  

years  against  a  clear  permanent  vacancy.  The  appellant  

satisfactorily  completed  the  probation  period  and  was  

confirmed in that post.   

The  appellant's  services  were  terminated  by  order  

dated 6th November, 1995.  The appellant challenged the order  

of termination before the School Tribunal, Kolhapur.  The  

Tribunal, by its order dated 26th June, 1997, held the order  

of termination as illegal, ineffective and ab initio void and  

quashed the same.  The respondents herein,  aggrieved by the  

said judgment of the Tribunal, filed a writ petition before  

the learned Single Judge of the High Court.  The learned  

Single Judge examined the matter in detail and dismissed the  

writ petition upholding the judgement of the Tribunal.  The  

respondents, aggrieved by  the said  judgment of the learned  

Single  Judge  preferred  a  Letters Patent Appeal before the

....2/-

- 2 -

High  Court.   The  Division  Bench,  without  analyzing  the  

findings of the Tribunal, which were upheld by the learned  

Single Judge, set aside the order of the learned Single Judge  

and  remanded  the  case  to  the  learned  Single  Judge.   The  

appellant, aggrieved by the judgment of the Division Bench,  

has approached this Court by way of this appeal.   

This Court issued notice on 14th November, 2008, and  

stayed the operation of the impugned judgment of the Division  

Bench of the High Court.   

Despite  opportunity,  no  counter  affidavit  has  been  

filed by the respondents.

We  have  heard  learned  counsel  for  the  parties  at  

length and perused the judgments of the Tribunal, learned  

Single Judge and the Division Bench.  In our considered view,  

the Division Bench was not justified in setting aside the  

judgement  of  the  learned  Single  Judge  and  remitting  the  

matter back to the learned Single Judge.  In our view, the  

learned Single Judge has correctly upheld the judgment of the  

Tribunal upon examining the matter in detail.  In the facts  

and circumstances of the case, ends of justice would be met  

if the appellant is reinstated in service forthwith.  We  

order accordingly.  He would also be entitled to back wages  

calculated at the rate of twenty five per cent, which shall  

be paid to him within two months from today.

The civil appeal is, accordingly, disposed of.

......................J.               [DALVEER BHANDARI]

......................J.               [DR. MUKUNDAKARM SHARMA]

New Delhi, November 12, 2009.