Case Note & Summary
The Petitioner, Dr. Gaikwad Rajashri Nitin @ Rajashri Prataprao Mohite, was appointed as a Clock Hour Basis (CHB) teacher at Yashwantrao Chavan Vidyalaya, Pachwadi, Satara, run by Rayyat Sikshan Sanstha. She worked from the academic year 2017-2018 until January 2024. The Deputy Secretary Affiliation Department of Shivaji University, Kolhapur, passed an order dated 08/11/2023 denying approval to her appointment, citing non-compliance with University Ordinances. Consequently, the management terminated her services in February 2024 without any notice. The Petitioner filed a writ petition seeking quashing of the impugned order, reinstatement with back wages, and condonation of break in service for continuity. The court observed that the University did not consider the Petitioner's representation before passing the order, and the termination was effected without any show cause notice or opportunity of hearing, violating principles of natural justice. The court allowed the petition, quashed the impugned order, directed the University to reconsider the approval after hearing the Petitioner, and directed the management to reinstate the Petitioner with continuity of service and condone the break period. The court also directed payment of unpaid salaries for the period worked.
Headnote
A) Service Law - Clock Hour Basis Teacher - Approval of Appointment - University Ordinances - Petitioner was appointed as a CHB teacher but University denied approval on grounds of non-compliance with Ordinances - Court held that the University failed to consider the Petitioner's representation and the termination was without notice, violating natural justice - Directed University to reconsider approval and condone break in service (Paras 1-10). B) Natural Justice - Right to be Heard - Termination without Notice - Petitioner's services were terminated without any show cause notice or opportunity of hearing - Court held that such termination is arbitrary and violative of principles of natural justice - Directed reinstatement with continuity of service (Paras 5-10). C) Service Law - Condonation of Break in Service - CHB Teacher - Petitioner sought condonation of break period in each academic year for continuity of service - Court directed University to condone the break and treat the Petitioner as continuous in service for all benefits (Paras 8-10).
Issue of Consideration
Whether the impugned order dated 08/11/2023 passed by Respondent No.1 denying approval to the Petitioner's appointment as a Clock Hour Basis (CHB) teacher and the subsequent termination of her services are legal and valid.
Final Decision
The court allowed the petition, quashed the impugned order dated 08/11/2023, directed the University to reconsider the approval after hearing the Petitioner, directed the management to reinstate the Petitioner with continuity of service and condone the break period, and directed payment of unpaid salaries for the period worked.
Law Points
- Natural Justice
- Right to be Heard
- Approval of Appointment
- Clock Hour Basis Teacher
- University Ordinances
- Termination without Notice
- Condonation of Break in Service
