Case Note & Summary
The petitioners, Shivaji Dhansing Pawar and Arun Vitthalrao Pawar, were employed as temporary staff at R.B. Attal College, Georai, run by Marathwada Shikshan Prasarak Mandal. They were appointed on ad hoc basis without following the statutory selection process under the Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977. Their services were terminated on 30/4/2008. They appealed to the College Tribunal for Dr. Babasaheb Ambedkar Marathwada University, which dismissed their appeals. The petitioners then filed writ petitions under Article 226 of the Constitution of India challenging the Tribunal's decision. The court held that temporary employees appointed on ad hoc basis have no right to the post and their termination is valid. The court dismissed the petitions, upholding the termination and the Tribunal's order.
Headnote
A) Service Law - Temporary Appointment - Termination - Ad Hoc Employees - Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977, Section 5 - Petitioners were appointed on temporary basis without following the statutory selection process - Their services were terminated after several years - The College Tribunal upheld the termination - Held that temporary employees appointed on ad hoc basis have no right to the post and their termination is valid (Paras 1-4).
Issue of Consideration
Whether the termination of temporary employees appointed on ad hoc basis without following statutory selection process is valid and whether they are entitled to protection under the Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977.
Final Decision
The court dismissed both writ petitions, upholding the termination orders and the judgment of the College Tribunal.
Law Points
- Temporary appointment
- No right to regularisation
- Ad hoc appointment
- Termination of temporary employee
- College Tribunal jurisdiction
- Section 5 of MEPS Act
Case Details
2011 LawText (BOM) (04) 15
Writ Petition No. 10991 of 2010 with Writ Petition No. 11005 of 2010
Mr. V.L. Dhoble for petitioners; Mr. V.D. Salunke with Mr. S.R. Bharad for respondent nos.1 and 2; Mr. K.M. Suryawanshi for respondent no.3; Mr. D.R. Korde, Assistant Government Pleader for respondent no.4
Shivaji s/o. Dhansing Pawar and Arun s/o. Vitthalrao Pawar
The Secretary, Marathwada Shikshan Prasarak Mandal, Aurangabad; The Principal, R.B. Attal College, Georai; The Registrar, Dr. Babasaheb Ambedkar Marathwada University, Aurangabad; The Joint Director of Higher Education, Aurangabad
Subscribe to unlock Case Details (Citation, Judge, Date & more)
Subscribe Now
Nature of Litigation
Writ petitions under Article 226 challenging the judgment of the College Tribunal upholding termination of temporary employees.
Remedy Sought
Petitioners sought to quash the termination orders and the Tribunal's judgment, and sought reinstatement with continuity of service.
Filing Reason
Petitioners were terminated from service after working for several years on temporary basis; they challenged the termination before the College Tribunal which dismissed their appeals.
Previous Decisions
The College Tribunal dismissed the appeals of the petitioners, upholding the termination orders dated 30/4/2008.
Issues
Whether the termination of temporary employees appointed on ad hoc basis is valid.
Whether the petitioners are entitled to protection under the Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977.
Submissions/Arguments
Petitioners argued that they had worked for almost 10 years and were selected by duly constituted selection committee on at least 4 occasions, and their sudden termination was illegal.
Respondents contended that the appointments were temporary and ad hoc, without following statutory selection process, and therefore the petitioners had no right to the post.
Ratio Decidendi
Temporary employees appointed on ad hoc basis without following statutory selection process have no right to the post and their termination is valid. The Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977 does not protect such ad hoc appointments.
Judgment Excerpts
By these petitions filed under Art. 226 of the Constitution of India, the respective employees of the respondent 1 & 2 are challenging the common judgment delivered by the presiding officer, College Tribunal for Dr. Babasaheb Ambedkar University, Aurangabad in Appeal nos. BAMU-02/2009 & BAMU -14/2008 respectively dismissing the same.
Shri Dhoble, the learned Counsel for Petitioners has contended that petitioner Shivaji had worked for almost 10 years prior to his sudden termination and was selected by duly constituted selection committee at least on 4 occasions.
Procedural History
The petitioners were terminated on 30/4/2008. They filed appeals before the College Tribunal for Dr. Babasaheb Ambedkar Marathwada University, which were dismissed. Thereafter, they filed writ petitions under Article 226 before the Bombay High Court, Aurangabad Bench, which were heard and finally disposed of on 15/4/2011.
Acts & Sections
- Constitution of India: Article 226
- Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977: Section 5
