Case Note & Summary
The petitioners, 25 individuals, were appointed as Shikshan Sevaks (trained teachers) in various Zilla Parishad primary schools in Kannad and Vaijapur talukas of Aurangabad district. Their appointments were approved by the Education Officer (Primary), Zilla Parishad, Aurangabad. However, by separate orders dated 30-09-2022, the Education Officer terminated their services without issuing any show cause notice or affording an opportunity of hearing. The petitioners challenged these termination orders by filing two writ petitions (WP 8449/2022 and WP 6387/2022) before the Bombay High Court at Aurangabad. The court heard both petitions together. The petitioners argued that the termination orders were passed in gross violation of principles of natural justice and the Government Resolution dated 29-10-2005, which governs the service conditions of Shikshan Sevaks. The Government Resolution mandates that a Shikshan Sevak can be terminated only after giving one month's notice or pay in lieu thereof, and after following the procedure of show cause. The respondents, represented by the Assistant Government Pleader, did not dispute the facts but argued that the termination was due to the petitioners not being appointed through the proper selection process. The court examined the termination orders and found that they did not mention any show cause notice or opportunity of hearing. The court held that the termination orders were illegal and arbitrary, being in violation of natural justice and the Government Resolution. Consequently, the court allowed the writ petitions, set aside the termination orders, and directed the respondents to reinstate the petitioners with continuity of service and 50% back wages. The court also granted liberty to the respondents to initiate fresh proceedings in accordance with law, if so advised.
Headnote
A) Service Law - Termination of Shikshan Sevak - Natural Justice - Audi Alteram Partem - Government Resolution dated 29-10-2005 - The petitioners were appointed as Shikshan Sevaks and their services were terminated without any show cause notice or opportunity of hearing. The court held that the termination orders were passed in gross violation of principles of natural justice and the Government Resolution dated 29-10-2005, which mandates a show cause notice before termination. (Paras 1-10) B) Service Law - Termination of Shikshan Sevak - Government Resolution dated 29-10-2005 - The Government Resolution provides that a Shikshan Sevak can be terminated only after giving one month's notice or pay in lieu thereof, and after following the procedure of show cause. The court held that the termination orders were illegal as they did not comply with the said resolution. (Paras 5-10) C) Service Law - Termination of Shikshan Sevak - Violation of Natural Justice - The court held that the termination orders were passed without any show cause notice and without affording an opportunity of hearing, which is a clear violation of principles of natural justice. The court set aside the termination orders and directed reinstatement of the petitioners with continuity of service and 50% back wages. (Paras 8-10)
Issue of Consideration
Whether the termination of the petitioners, who were appointed as Shikshan Sevaks in Zilla Parishad schools, without issuing any show cause notice or affording an opportunity of hearing, is legal and valid.
Final Decision
The court allowed the writ petitions, set aside the termination orders dated 30-09-2022, and directed the respondents to reinstate the petitioners with continuity of service and 50% back wages. Liberty granted to respondents to initiate fresh proceedings in accordance with law.
Law Points
- Natural Justice
- Audi Alteram Partem
- Termination of Shikshan Sevak
- Government Resolution dated 29-10-2005
- Maharashtra Zilla Parishads and Panchayat Samitis Act
- 1961
- Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act
- 1977
