Case Note & Summary
The petitioner, Neha Suryakant Bhosale, was employed as an assistant teacher in a primary school managed by respondent No. 6, C.T.M.K. Gujrathi Primary School, Jalna. She was rendered surplus on 29.06.2013 due to reduction in strength. Thereafter, she sought absorption in respondent No. 5 school, Dr. Fraser Boy's Primary School, Jalna, where a vacancy arose due to the retirement of Smt. S.S. Ghorpade. The petitioner filed a writ petition seeking a mandamus directing respondents to absorb her in that vacancy and to release her salary from September 2015 onwards. The court considered the provisions of the Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977, and the Rules framed thereunder, particularly Rule 12 and Rule 25 regarding absorption of surplus teachers. The court found that the petitioner was entitled to be absorbed in the vacancy and that the respondents had failed to do so without justification. The court directed respondent No. 5 school to absorb the petitioner and the respondent authorities to release her salary from September 2015. The petition was allowed with costs.
Headnote
A) Service Law - Surplus Teacher - Absorption - Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977, Section 5, Rule 12, Rule 25 - Petitioner rendered surplus on 29.06.2013 and sought absorption in vacancy caused by retirement of Smt. S.S. Ghorpade in respondent No. 5 school - Court held that the petitioner is entitled to absorption in the said vacancy and directed respondents to absorb her and release salary from September 2015 onwards - Held that failure to absorb despite existence of vacancy violates statutory rights (Paras 1-10).
Issue of Consideration
Whether the petitioner, rendered surplus on 29.06.2013, is entitled to be absorbed in the vacancy caused by retirement of Smt. S.S. Ghorpade in respondent No. 5 school, and to consequential salary.
Final Decision
The petition is allowed. Respondent No. 5 is directed to absorb the petitioner as an assistant teacher in the vacancy caused by retirement of Smt. S.S. Ghorpade. Respondent authorities are directed to release her salary from September 2015 onwards. Rule made absolute. Costs of Rs. 10,000 to be paid by respondent No. 5 to the petitioner.
Law Points
- Surplus teacher
- absorption
- Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act
- 1977
- Section 5
- Rule 12
- Rule 25
- right to salary
- mandamus
