IN THE SUPREME COURT OF INDIA

CIVIL  APPELLATE JURISDICTION

CIVIL  APPEAL  NO. 3380  OF 2008

[Arising out of SLP(C) No.6646/2006]

SHUBHAM BAHUUDDESHIYA SHIKSHAN SANSTHA, WADDHAMANA AND ANR.  

... APPELLANT(S)

:VERSUS:

EDUCATION OFFICER, NAGPUR AND ORS. ... RESPONDENT(S)

O R D E R

Leave granted.

Having heard the learned counsel for the parties, we are of the opinion that

interest of justice would be subserved if this appeal is disposed of with the following

directions:

(1) The respondent No.3 shall continue to work in the school in question till

an appropriate order of transfer is passed posting him to any other school.  Such an

order may be passed keeping in view the existing vacancy and/or as and when such

vacancy occurs.  

(2)  Respondent  No.2,  if  not  working  in  the  school  in  question,  shall  be

reinstated forthwith in terms of the order passed by the School Tribunal. He shall be

paid the back-wages with effect from the date of order passed by the School  Tribunal

in his favour but he may not be paid any back-wages for the period 1993 to 2002.  

-2-

We are passing this  order keeping in view the undertaking given by him

before the High Court of Judicature at Bombay in Writ Petition No.355/2004.    

The appeal is disposed of with the aforementioned directions.

..........................J (S.B. SINHA)

..........................J   (LOKESHWAR SINGH PANTA)    NEW DELHI, APRIL 30, 2008.