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.
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.
(S.B. SINHA)