Case Note & Summary
The petitioner, Lalit Vasudeo Kolambe, was appointed as Shikshan Sewak in New English School, Nimbhora on 14th June 2010 pursuant to an advertisement. He alleged that soon after joining, the Chairman, Headmaster, and Secretary of the school started harassing and blackmailing him to extort money, and were bent on terminating his services. He claimed that his services were illegally terminated. The School Tribunal dismissed his appeal (Appeal No. 47/2011) by judgment dated 12th July 2012. Aggrieved, the petitioner filed the present writ petition. The High Court examined the facts and found that the petitioner's appointment was not approved by the Education Officer (Secondary), Zilla Parishad, Jalgaon. Consequently, his services stood terminated by operation of law. The court noted that the School Tribunal had correctly appreciated the evidence and found no merit in the allegations of harassment. The High Court held that the termination was not illegal but by operation of law, and there was no perversity in the Tribunal's findings warranting interference under Article 226. The writ petition was dismissed.
Headnote
A) Service Law - Termination by Operation of Law - Shikshan Sewak - Appointment not approved by Education Officer - Termination due to non-approval is by operation of law and not illegal - The petitioner's appointment as Shikshan Sewak was not approved by the Education Officer, and therefore his services stood terminated by operation of law. The School Tribunal correctly dismissed the appeal. (Paras 1-10) B) Service Law - Harassment - Burden of Proof - Petitioner failed to prove harassment by respondents - The petitioner alleged harassment but did not produce sufficient evidence. The School Tribunal found no merit in the allegations. (Paras 2-5) C) Writ Jurisdiction - Scope of Interference - Concurrent findings of fact - High Court will not interfere unless perverse - The findings of the School Tribunal were based on evidence and not perverse, hence no interference under Article 226. (Paras 8-10)
Issue of Consideration
Whether the termination of the petitioner's services was illegal and whether the School Tribunal erred in dismissing the appeal.
Final Decision
The High Court dismissed the writ petition, upholding the School Tribunal's order.
Law Points
- Termination by operation of law
- Non-approval of appointment
- Shikshan Sewak
- School Tribunal
- Writ jurisdiction
- No interference with concurrent findings
