Case Note & Summary
The petitioner, Swapnil Ramesh Samant, was employed as a part-time Marathi teacher at Annasaheb Vartak College of Arts, Kedarnath Malhotra College of Commerce & E.S. Andrades College of Science & Junior College (4th respondent), run by Vidyavardhini Trust (3rd respondent). He was initially appointed on a temporary basis for the academic year 2014-2015. Subsequently, responding to an advertisement dated 19th June 2015, he applied and was issued an appointment letter as a part-time Marathi teacher on a temporary basis from 1st July 2015 to 7th November 2015, on a consolidated monthly salary of Rs. 10,000/-. His contract was renewed annually with breaks of few days between successive appointments, continuing till 30th April 2018. Despite discharging duties regularly, including teaching Std. 11 and 12, working as an examiner for H.S.C. examinations, and participating in NSS camps, his 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.5256 of 2019 seeking directions to the management to send a proposal for approval. That petition was disposed of with directions to the management to consider the petitioner's representation. However, the management did not comply, leading to the filing of the present writ petition. The legal issues were whether the petitioner's continuous service with artificial breaks entitled him to approval and regularisation under the Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977. The petitioner argued that the breaks were artificial and his service was continuous, while the respondents contended that the petitioner was a part-time temporary teacher and not entitled to regularisation. The court analyzed the facts and held that the breaks were artificial and the petitioner's service was continuous. The court 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 the proposal within eight weeks. The court also directed that the petitioner be continued in service until the proposal is decided.
Headnote
A) Service Law - Regularisation of Part-Time Teacher - Continuous Service with Artificial Breaks - Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977, Sections 5 and 7 - The petitioner was appointed as a part-time Marathi teacher on temporary basis with annual renewals and breaks of few days. The court held that such breaks are artificial and the petitioner's service was continuous, entitling him to approval of services by the Education Department. The court directed the Deputy Director of Education to consider the proposal for approval and the management to submit the proposal within four weeks. (Paras 3-8) B) Service Law - Approval of Appointment - Duty of Management - Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977, Section 5 - The management failed to submit a proposal for approval of the petitioner's services to the Education Department. The court held that the management cannot avoid its statutory obligation by employing a teacher on a part-time basis with breaks. The court directed the management to submit the proposal within four weeks. (Paras 4-8) C) Service Law - Regularisation - Part-Time Teacher - Entitlement to Regularisation - Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977, Section 7 - The petitioner worked continuously from 2015 to 2018, performing duties of a full-time teacher. The court held that the petitioner is entitled to regularisation of his services as per the Act. The court directed the Deputy Director of Education to decide the proposal within eight weeks. (Paras 5-8)
Issue of Consideration
Whether a part-time teacher employed continuously with artificial breaks is entitled to approval of services and regularisation under the Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977.
Final Decision
The court allowed the writ petition. The management was directed to submit a proposal for approval of the petitioner's services to the Deputy Director of Education within four weeks. The Deputy Director was directed to decide the proposal within eight weeks. The petitioner was directed to be continued in service until the proposal is decided.
Law Points
- Continuous service with artificial breaks
- Part-time teacher regularisation
- Approval of services by Education Department
- Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act
- 1977
- Sections 5 and 7
