Case Note & Summary
The petitioner, Pratibha Murlidhar Tirmali, was initially appointed as a full-time Physics Teacher in the 4th respondent Junior College on a permanently unaided division on an ad hoc payment for 2013-2014. Subsequently, she applied pursuant to an advertisement dated 19th June 2015 and was issued an appointment letter as a full-time Physics Teacher on a temporary basis from 1st July 2015 to 7th November 2015 on a consolidated salary of Rs. 10,000/- per month. Her contract was renewed annually with breaks of few days until 30th April 2018. During this period, she performed duties including teaching Std. 11 and 12, participating in extracurricular activities, working as an examiner for H.S.C. examinations, and other work ordinarily performed by permanent teachers. Despite this, her services were not made permanent as the management failed to submit a proposal for approval to the Education Department. The petitioner filed Writ Petition No.5254 of 2019 seeking directions to the management to send a proposal for approval. The court, after hearing the parties, directed the management to submit a proposal for approval of the petitioner's services to the Deputy Director of Education within four weeks, and the Deputy Director to decide within 12 weeks thereafter. The petition was allowed in these terms.
Headnote
A) Service Law - Regularisation of Ad Hoc Teacher - Direction to Submit Proposal - The petitioner, appointed as a full-time Physics Teacher on ad hoc basis from 2015 to 2018, sought regularisation. The court held that the management must submit a proposal for approval of her services to the Deputy Director of Education, who shall decide within 12 weeks. (Paras 1-8)
Issue of Consideration
Whether the petitioner, an ad hoc teacher, is entitled to regularisation of her services and direction to the management to submit a proposal for approval to the education department.
Final Decision
The petition is allowed. The 4th respondent management is directed to submit a proposal for approval of the petitioner's services to the 2nd respondent Deputy Director of Education within four weeks. The Deputy Director shall decide the proposal within 12 weeks thereafter.
Law Points
- Regularisation of ad hoc teachers
- approval of appointment by education department
- direction to management to submit proposal
Case Details
2023 LawText (BOM) (07) 119
Writ Petition No. 10759 of 2022
G.S. Patel, Neela Gokhale
Mr NV Bandiwadekar, Senior Advocate with Vinayak Kumbhar, i/b AV Bandiwadekar; Mrs PJ Gavhane, AGP
Pratibha Murlidhar Tirmali
The State of Maharashtra & Ors
Subscribe to unlock Case Details (Citation, Judge, Date & more)
Subscribe Now
Nature of Litigation
Writ petition seeking direction to management to submit proposal for approval of services of ad hoc teacher.
Remedy Sought
Direction to the management to send a proposal for approval of the petitioner's services to the Deputy Director of Education.
Filing Reason
The management failed to submit a proposal for approval of the petitioner's services despite her continuous employment.
Previous Decisions
The petitioner had filed Writ Petition No.5254 of 2019 in the same court seeking similar directions.
Issues
Whether the petitioner is entitled to regularisation of her services as a full-time teacher?
Whether the management can be directed to submit a proposal for approval to the education department?
Submissions/Arguments
The petitioner argued that she was continuously employed and performed duties of a permanent teacher, but the management failed to submit a proposal for approval.
The respondents did not oppose the petition and consented to the direction.
Ratio Decidendi
An ad hoc teacher who has been continuously employed and performed duties of a permanent teacher is entitled to have her services considered for approval by the education department, and the management must submit a proposal for such approval.
Judgment Excerpts
The Petitioner is an employee of the 4th Respondent Junior College run by the 3rd Respondent Educational Trust.
The Petitioner was first appointed as a full time Physics Teacher in the 4th Respondent-Junior College on a permanently unaided division and on an ad hoc payment for the year 2013-2014.
The Petitioner’s contract was renewed annually with breaks of few days in between successive appointments.
Despite this, her services were not made permanent as the Management failed to submit the necessary proposal to the Education Department for approval of the Petitioner’s services.
Procedural History
The petitioner filed Writ Petition No.5254 of 2019 in the Bombay High Court seeking directions for regularisation. The present petition, Writ Petition No.10759 of 2022, was filed subsequently. The court reserved judgment on 26th June 2023 and pronounced on 11th July 2023.
