Case Note & Summary
The petitioner, Usha Ashok Kare, was appointed as a part-time permanent librarian in Sheth D.G.T. High School, Girgaon, run by respondent No.2 Gokhale Education Society, on 1/7/1998. Her appointment was approved by the Education Inspector. Due to reduced student strength in the academic year 2010-2011, the post of part-time librarian was abolished and her services were terminated on 11/8/2010. The petitioner sought absorption in another aided school, citing a precedent where a similar employee was absorbed. The Education Inspector, by order dated 12/1/2012, held that the petitioner could not be absorbed in any other aided school. The petitioner challenged this order under Article 226 of the Constitution of India. The High Court found that the impugned order was passed without considering the Government Resolution dated 20/12/2006 regarding absorption of surplus staff, and without affording any opportunity of hearing to the petitioner. The Court set aside the order and directed the respondents to reconsider the petitioner's representation afresh, after hearing her, within eight weeks.
Headnote
A) Service Law - Absorption of Surplus Staff - Part-Time Librarian - Government Resolution dated 20/12/2006 - The petitioner, a part-time librarian, was terminated due to abolition of post. The Education Inspector refused absorption without considering the Government Resolution providing for absorption of surplus staff. The Court held that the impugned order was passed without application of mind and without affording opportunity of hearing, and set it aside with directions to reconsider. (Paras 2, 12-14) B) Service Law - Natural Justice - Opportunity of Hearing - The impugned order was passed without giving any opportunity of hearing to the petitioner. The Court held that such an order is unsustainable in law and directed the respondents to hear the petitioner before passing a fresh order. (Paras 12-14)
Issue of Consideration
Whether the Education Inspector's order refusing absorption of the petitioner as a part-time librarian in any other aided school is sustainable in law.
Final Decision
The impugned order dated 12/1/2012 is quashed and set aside. The respondents are directed to reconsider the petitioner's representation afresh, after giving an opportunity of hearing to the petitioner, within eight weeks from the date of the order. Rule is made absolute accordingly.
Law Points
- Absorption of surplus staff
- part-time librarian
- opportunity of hearing
- compliance with Government Resolution
- Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act
- 1977
