Case Note & Summary
The petitioner, Sou. Rekha Damodar Joshi, was employed as an assistant teacher in a primary school from 1983 and joined respondent No.6 school on 11.6.1990. As she was overage, the school management submitted a proposal to respondent No.4 (Administrative Officer of the Municipal Primary Education Board) for relaxation of her age under the Maharashtra Employees of Private Schools (Condition of Service) Regulations Act, 1977 (M.E.P.S. Act). The proposal was rejected, and her services were terminated on 28.5.1994 solely on that ground. She appealed under Section 9 of the M.E.P.S. Act before the School Tribunal, Kolhapur (Appeal No.102 of 1994). During the pendency of the appeal, the school management sent proposals for relaxation for two other teachers and the Head Mistress who were also overage. The Deputy Director relaxed the age limit for the Head Mistress and one teacher, but rejected the proposal for the other teacher. The petitioner requested the Tribunal to permit her to apply to the Deputy Director for relaxation, but the Tribunal dismissed her appeal on 15.6.1998 without considering this subsequent development. The High Court held that the Tribunal failed to consider relevant material and that the petitioner should have been allowed to apply for relaxation. The impugned order was set aside and the matter remanded to the School Tribunal for fresh consideration in accordance with law.
Headnote
A) Service Law - Termination of Teacher - Age Relaxation - Maharashtra Employees of Private Schools (Condition of Service) Regulations Act, 1977, Section 9 - The petitioner teacher was terminated due to overage, but the School Tribunal dismissed her appeal without considering that the Deputy Director had subsequently relaxed the age limit for other employees of the same school, and without allowing the petitioner to apply for relaxation. Held that the Tribunal failed to consider relevant material and the order was set aside, remanding the matter for fresh consideration (Paras 1-6).
Issue of Consideration
Whether the School Tribunal erred in dismissing the appeal without considering the subsequent relaxation of age granted to similarly situated employees and without permitting the petitioner to apply for relaxation.
Final Decision
The impugned order of the School Tribunal dated 15.6.1998 is set aside. The matter is remanded to the School Tribunal for fresh consideration in accordance with law. The petition is allowed.
Law Points
- Natural justice
- Consideration of relevant material
- M.E.P.S. Act Section 9
- Age relaxation for teachers
