Case Note & Summary
The petitioner, Ashok Udhav Kothawale, was appointed as a Shikshan Sevak (teacher) at Vasant Vidyalaya, run by respondent No.4 management, after approval by the Education Officer. His services were terminated by the management without prior approval of the Education Officer. He appealed to the School Tribunal, Solapur, which dismissed his appeal holding that as a Shikshan Sevak, he was not entitled to protection under the Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977 (MEPS Act). The petitioner challenged this order in the High Court. The High Court examined the provisions of Section 5 of the MEPS Act, which requires prior approval of the Education Officer for termination of service of any employee. The court held that the term 'employee' under the Act includes Shikshan Sevaks, and the requirement of prior approval is mandatory. The School Tribunal's view that Shikshan Sevaks are not covered was erroneous. The court set aside the termination order and the Tribunal's judgment, directing reinstatement of the petitioner with continuity of service and 50% back wages from the date of termination till reinstatement, to be paid within three months.
Headnote
A) Service Law - Termination of Shikshan Sevak - Prior Approval under Section 5 of MEPS Act - Termination of a Shikshan Sevak without prior approval of the Education Officer is illegal and void ab initio - The School Tribunal erred in dismissing the appeal on the ground that the petitioner was a Shikshan Sevak and not a permanent employee - Held that the requirement of prior approval under Section 5 applies to all employees, including Shikshan Sevaks, and termination without such approval is unsustainable (Paras 7-10).
Issue of Consideration
Whether termination of a Shikshan Sevak without prior approval of the Education Officer under Section 5 of the Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977 is valid.
Final Decision
The High Court allowed the writ petition, set aside the termination order dated 30th June 2014 and the School Tribunal's judgment dated 29th April 2015. Directed reinstatement of the petitioner with continuity of service and 50% back wages from the date of termination till reinstatement, to be paid within three months.
Law Points
- Termination of Shikshan Sevak without prior approval under Section 5 of MEPS Act is illegal
- Section 5 of MEPS Act
- 1977
- Rule 12 of MEPS Rules
- 1981
