Case Note & Summary
The petitioner, Shrikrushna Nilkanth Joshi, was appointed as an Assistant Teacher by Kopargaon Education Society on 18/06/1982 for one academic year on consolidated salary. His appointment was renewed annually on similar terms until 1993. On 20/05/1993, the Chairman passed an order terminating his services effective 13/08/1993. The petitioner challenged this termination before the School Tribunal in Appeal No. 171/1993, which was dismissed on 11/07/2000. Aggrieved, he filed the present writ petition. The High Court noted that the petitioner was never appointed on a permanent basis; each appointment was for a fixed term on consolidated pay. The court held that such temporary appointments do not confer any right to permanency under the Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977. The court also observed that the petitioner had not completed the probation period required for permanency. Consequently, the termination at the end of the academic year was valid. The petition was dismissed, and the interim relief granted earlier was vacated.
Headnote
A) Service Law - Permanency - Temporary Appointment - Section 5 of Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977 - Petitioner appointed as Assistant Teacher on consolidated salary for one academic year, renewed annually from 1982 to 1993 - Held that such temporary appointments do not confer permanent status, and termination at end of academic year is valid (Paras 4-6).
Issue of Consideration
Whether the petitioner, appointed on consolidated salary for consecutive academic years, acquired permanency under the Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977.
Final Decision
The writ petition is dismissed. The interim relief granted earlier is vacated. No order as to costs.
Law Points
- Temporary appointment on consolidated salary does not create permanent employment
- Section 5 of MEPS Act
- 1977
- Rule 12 of MEPS Rules
- 1981
- continuous temporary appointments do not amount to deemed permanency
Case Details
2019 LawText (BOM) (03) 16
WRIT PETITION NO. 3697 OF 2000
Shri S. R. Barlinge, Shri S. S. Shete, Shri S. T. Shelke, Shri P. G. Godhamgaonkar
Shrikrushna s/o Nilkanth Joshi
Kopargaon Education Society, The Head Master, Geeta Prashala, The Education Officer (Primary) Zilla Parishad, Ahmednagar, The Administrative Officer, Municipal School Board, Kopargaon
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Nature of Litigation
Writ petition challenging the judgment of the School Tribunal dismissing the petitioner's appeal against termination of service.
Remedy Sought
Petitioner sought quashing of termination order and reinstatement with continuity of service.
Filing Reason
Petitioner was terminated from service as Assistant Teacher after being appointed on consolidated salary for consecutive academic years from 1982 to 1993.
Previous Decisions
School Tribunal dismissed Appeal No. 171/1993 on 11/07/2000, upholding the termination.
Issues
Whether the petitioner acquired permanent status by virtue of continuous temporary appointments on consolidated salary.
Whether the termination of the petitioner's services was valid.
Submissions/Arguments
Petitioner argued that his continuous service from 1982 to 1993 entitled him to permanency under the MEPS Act.
Respondents contended that the petitioner was always appointed on a temporary basis for each academic year and never completed probation, hence no right to permanency.
Ratio Decidendi
A teacher appointed on consolidated salary for a fixed academic year, with renewals each year, does not acquire permanent status under the MEPS Act, 1977. Such temporary appointments do not create a right to permanency, and termination at the end of the academic year is valid.
Judgment Excerpts
The petitioner had acquired the qualification of Bachelor of Education (B.Ed.) before joining respondent No.1.
The petitioner was appointed as an Assistant Teacher vide appointment order dated 18/06/1982 for a period of one academic year on consolidated salary.
Identical orders were issued in the month of June of each year till 1993, consecutively and he was continued on consolidated wages for each academic year from 1982 till 1993.
Procedural History
Petitioner appointed on 18/06/1982 on consolidated salary for one academic year, renewed annually until 1993. On 20/05/1993, termination order issued effective 13/08/1993. Petitioner filed Appeal No. 171/1993 before School Tribunal, which was dismissed on 11/07/2000. Petitioner then filed Writ Petition No. 3697 of 2000 in Bombay High Court, which was dismissed on 28/02/2019.
Acts & Sections
- Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977: Section 5
- Maharashtra Employees of Private Schools (Conditions of Service) Rules, 1981: Rule 12
