Case Note & Summary
The petitioner, Harshada Pankaj Naik, was employed as a temporary Commerce teacher at Annasaheb Vartak College of Arts, Commerce & E.S. Andrades College of Science & Junior College, run by Vidyavardhini Trust. She applied pursuant to an advertisement dated 19th June 2015 and was appointed 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 a few days between successive appointments, continuing until 30th April 2018. During this period, she performed duties of a regular teacher including teaching Std. 11 and 12 classes, participating in cultural activities, working as an examiner for H.S.C. examinations, and other regular duties. Despite her continuous service, the Management did not submit a proposal to the Education Department for approval of her services, and she was not made permanent. The petitioner filed Writ Petition No. 5257 of 2019 seeking directions to the Management to send a proposal for approval and to the Education Department to grant approval and release grant-in-aid. The present petition was filed seeking similar relief. The Court considered the issue of whether a temporary teacher with artificial breaks is entitled to approval. The Court noted that the breaks were artificial and did not break the continuity of service. The Management's failure to submit a proposal cannot prejudice the petitioner. The Court directed the Management to submit a proposal for approval within four weeks, and the Education Department to decide within eight weeks. If approval is granted, the Management must pay salary as per rules and the Department must release grant-in-aid. The petitioner is to be continued in service until the proposal is decided. The petition was allowed in these terms.
Headnote
A) Service Law - Temporary Teacher - Approval of Services - Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977 - Sections 5, 7 - The petitioner was appointed as a temporary Commerce teacher from 2015 to 2018 with annual renewals and artificial breaks. She performed duties of a regular teacher including teaching, examination duties, and extracurricular activities. The Management failed to submit a proposal for approval to the Education Department. The Court held that the artificial breaks did not break continuity of service and the Management's failure cannot prejudice the teacher. The Education Department was directed to consider the proposal for approval on merits and release grant-in-aid if approval is granted. (Paras 1-8) B) Service Law - Regularisation - Grant-in-Aid - Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977 - Sections 5, 7 - The Court directed the Management to submit a proposal for approval of the petitioner's services within four weeks, and the Education Department to decide the same within eight weeks. If approval is granted, the Management must pay the petitioner salary as per rules and the Department must release grant-in-aid. The Court also directed that the petitioner be continued in service until the proposal is decided. (Paras 6-8)
Issue of Consideration
Whether a temporary teacher continuously employed with artificial breaks is entitled to approval of services and regularisation under the Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977 (MEPS Act)?
Final Decision
The petition is allowed. The Management is directed to submit a proposal for approval of the petitioner's services within four weeks. The Education Department is directed to decide the proposal within eight weeks. If approval is granted, the Management must pay the petitioner salary as per rules and the Department must release grant-in-aid. The petitioner is to be continued in service until the proposal is decided.
Law Points
- Continuous service with artificial breaks does not defeat claim for approval
- Management's failure to submit proposal cannot prejudice employee
- Education Department must consider proposal on merits
