Case Note & Summary
The case involves two writ petitions arising from a common judgment of the School Tribunal, Amravati, in Appeal No.39 of 2018. The petitioner in Writ Petition No.5637 of 2022, Smt. Rukhmini Laxman Jadhao @ Rukhmini Sahebrao Bhange, was appointed as an Assistant Teacher by the respondent No.1 Society, which runs educational institutions at Mahagaon and Umarkhed. Her services were terminated without prior approval of the Education Officer as required under Section 5 of the Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977 (M.E.P.S. Act). She challenged the termination before the School Tribunal, which partly allowed her appeal, setting aside the termination and directing her reinstatement with back wages and continuity of service. The Society and the school authorities filed Writ Petition No.8400 of 2022 challenging the Tribunal's order, while the teacher filed Writ Petition No.5637 of 2022 seeking full back wages and other benefits. The High Court heard both petitions together. The court noted that the termination was illegal as it was without prior approval under Section 5 of the M.E.P.S. Act. The court upheld the Tribunal's order directing reinstatement with back wages and continuity of service, and directed the respondents to comply with the order within a specified period. The court dismissed the Society's petition and partly allowed the teacher's petition, modifying the Tribunal's order only to the extent of clarifying that the back wages and continuity are from the date of termination till reinstatement.
Headnote
A) Service Law - Termination of Teacher - Illegal Termination - Section 5 of Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977 - The petitioner was appointed as Assistant Teacher and her services were terminated without prior approval of the Education Officer as required under Section 5 of the M.E.P.S. Act. The School Tribunal partly allowed the appeal, setting aside the termination and directing reinstatement with back wages and continuity of service. The High Court upheld the Tribunal's order, holding that the termination was illegal and the petitioner is entitled to reinstatement with back wages and continuity of service. (Paras 1-10) B) Service Law - Back Wages - Entitlement to Back Wages - Section 5 of Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977 - The School Tribunal granted back wages from the date of termination till reinstatement. The High Court upheld this, noting that the termination was illegal and the petitioner was willing to work. The court directed that the back wages be paid within a specified period. (Paras 8-10) C) Service Law - Continuity of Service - Entitlement to Continuity - Section 5 of Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977 - The School Tribunal directed continuity of service for all purposes. The High Court upheld this, stating that the petitioner is entitled to continuity of service from the date of termination till reinstatement. (Paras 8-10)
Issue of Consideration
Whether the termination of the petitioner as Assistant Teacher was illegal and whether she is entitled to reinstatement with back wages and continuity of service.
Final Decision
The High Court dismissed Writ Petition No.8400 of 2022 filed by the Society and partly allowed Writ Petition No.5637 of 2022 filed by the teacher, upholding the School Tribunal's order directing reinstatement with back wages and continuity of service. The court directed the respondents to comply with the order within a specified period.
Law Points
- Termination of teacher without prior approval under Section 5 of M.E.P.S. Act is illegal
- Reinstatement with back wages and continuity of service is proper remedy
- School Tribunal has jurisdiction to grant back wages and continuity
- Section 5 of M.E.P.S. Act requires prior approval for termination
