Case Note & Summary
This Letters Patent Appeal arose from a challenge to the judgment and order dated 04/11/2009 passed by a learned Single Judge of the Bombay High Court in Writ Petition No.891/2006, which allowed the writ petition filed by the respondents and quashed the order dated 11/10/2005 of the Presiding Officer, School Tribunal, Amravati. The School Tribunal had allowed the appellant's appeal and directed his reinstatement with back-wages. The appellant, Prakash Babarao Shingane, was appointed in 1985 at Smt. Shewantbai Kalmegh Junior College, Chausala, run by respondent No.1 society. He held various appointments, including a probationary appointment as Lecturer by order dated 18/08/1988, and his services were orally terminated on 26/06/1991. The appellant contended that he had acquired deemed confirmed status under Section 5(2) of the Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977 after completing two years of satisfactory probation. The respondents disputed this, claiming the appointment was temporary, made without School Committee approval and in violation of Section 5 and Rule 9, and that the Commerce Faculty was closed due to inadequate student strength, leading to lawful termination. The appellant's earlier writ petition challenging the termination was disposed of on 23/02/2005 with liberty to approach the School Tribunal, which he did. The School Tribunal ruled in his favour, but the Single Judge reversed, holding the appointment illegal. In the Letters Patent Appeal, the appellant argued that the appointment order and admissions in earlier proceedings proved due procedure and a clear vacancy, while the respondents argued that the appointment was a favour by the then President and in violation of law. The judgment excerpt ends during the arguments, and the final decision is not provided in the supplied text.
Headnote
A) Service Law - Deemed Confirmation and Illegal Termination - Section 5(2) Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977 - The appellant claimed that after completing two years on probation, he acquired deemed confirmed status and his oral termination dated 26/06/1991 was illegal. The School Tribunal found in his favour and directed reinstatement with back-wages; the learned Single Judge set aside that order, and the appellate court examined the validity of that reversal. (Paras 3-7) B) Service Law - Validity of Appointment - Section 5 and Rule 9 of Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977 - The respondents contended that the appointment order dated 18/08/1988 was issued by the then President without approval of the School Committee and in gross violation of Section 5 and Rule 9; the appellant claimed it was made after following due procedure and in a clear vacancy. (Paras 9-11) C) Service Law - Education Department Approval - Section 5 of Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977 - The Deputy Director of Education refused approval for the appellant's appointment; the appellant alleged refusal on unsustainable grounds, while the respondents relied on a letter dated 16/08/1991 not to continue teachers appointed in the last academic year. (Paras 5,9,11)
Issue of Consideration
Whether the appellant's appointment was made in a clear vacancy after following due procedure under Section 5 of MEPS Act and Rule 9; whether the appellant acquired deemed confirmed status under Section 5(2) MEPS Act on completion of two years probation; whether the termination dated 26/06/1991 was illegal and whether the Single Judge erred in setting aside the Tribunal's order
Law Points
- Deemed confirmation under Section 5(2) of Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act
- 1977 after completion of two years probation
- appointment must be in clear vacancy and with approval of School Committee
- compliance with Rule 9 of MEPS Rules
- oral termination of deemed confirmed employee illegal
- Education Department approval prerequisite
- back-wages upon illegal termination
