Case Note & Summary
The petitioners, Mahatma Phule Krida Prasarak Mandal and the Head Master of Savitribai Phule Prashala, challenged the order of the School Tribunal dated 26.4.1999 in Appeal No.11 of 1980. The Tribunal had set aside the termination of respondent No.1, Smt. Sumati Tukaram Kashid (alias Sumati Vijay Borade), and directed her reinstatement with continuity of service and full back wages. The respondent was appointed as an Assistant Teacher on 6.6.1995 with effect from 12.6.1996, on a temporary basis for the academic year 1995-1996, against a reserved vacancy. Approval was granted by the Education Officer on 30.3.1996 on probation for two years. She was reappointed for the academic year 1996-1997 on a temporary basis. The petitioners claimed that she was unauthorizedly absent from 1.11.1996, and the Managing Committee and School Committee passed a resolution terminating her services. However, no disciplinary inquiry was held before termination. The School Tribunal found the termination illegal and ordered reinstatement. The High Court upheld the Tribunal's order, holding that termination without inquiry violates principles of natural justice and Section 5 of the Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977. The court also upheld the award of full back wages, noting that the termination was void ab initio and the teacher was willing to work. The writ petition was dismissed.
Headnote
A) Service Law - Termination of Teacher - Natural Justice - Section 5 of the Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977 - The petitioner school terminated the respondent teacher without holding any disciplinary inquiry, alleging unauthorized absence. The School Tribunal set aside the termination and ordered reinstatement with continuity and full back wages. The High Court held that termination without inquiry is illegal and the Tribunal's order was proper. (Paras 1-5) B) Service Law - Back Wages - Reinstatement - Section 5 of the Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977 - The School Tribunal directed full back wages along with reinstatement. The High Court upheld this, noting that the termination was void ab initio and the teacher was willing to work. (Paras 4-5)
Issue of Consideration
Whether the termination of respondent No.1 without holding a disciplinary inquiry was legal and whether the School Tribunal's order of reinstatement with full back wages was justified.
Final Decision
The High Court dismissed the writ petition and upheld the School Tribunal's order of reinstatement with continuity of service and full back wages.
Law Points
- Termination without inquiry is illegal
- Reinstatement with back wages is proper remedy
- Temporary appointment does not deprive protection under M.E.P.S. Act
