Case Note & Summary
The petitioners, Kaliram S/o Budhaji Usendi and Baburao Komti Usendi, were appointed as untrained primary teachers on 09/01/2000 and 01/12/1992 respectively by the Zilla Parishad, Gadchiroli, following due process as D.Ed holder candidates from ST category were not available. They served continuously without any complaint until their services were terminated by order dated 27/05/2020 solely on the ground that they had not acquired the requisite D.Ed qualification. The petitioners challenged the termination before the Bombay High Court, Nagpur Bench. The court noted that the petitioners had served for 20-28 years and there were no complaints against them. The respondent Zilla Parishad relied on a communication dated 04/01/2024 rejecting the petitioners' representations based on Rule 101 of the Maharashtra Civil Services (Pension) Rules, 1982. The petitioners' counsel relied on a judgment in Writ Petition No. 6143/2016 (Smt. Umabai W/o Ramkrishna Deshmukh vs. State of Maharashtra & others) where the Aurangabad Bench of this court had allowed similar petitions. The court found that the termination was unjustified given the long service and lack of opportunity to acquire qualification. The court allowed the writ petition, quashed the termination orders, and directed the respondents to reinstate the petitioners with continuity of service and all consequential benefits, including pensionary benefits, within four weeks. The court also directed that the petitioners be treated as having been in continuous service for all purposes.
Headnote
A) Service Law - Termination of Untrained Teachers - Long Continuous Service - Petitioners appointed as untrained primary teachers in 1992 and 2000, served without complaint for 20-28 years, terminated in 2020 solely for lack of D.Ed qualification - Court held that termination without considering long service and without providing opportunity to acquire qualification is unsustainable - Held that the impugned termination orders are quashed and set aside (Paras 2-5).
Issue of Consideration
Whether the termination of services of the petitioners, who were appointed as untrained primary teachers and served for 20-28 years, solely on the ground of not possessing D.Ed qualification, is legal and sustainable.
Final Decision
The writ petition is allowed. The impugned termination orders dated 27/05/2020 are quashed and set aside. The respondents are directed to reinstate the petitioners with continuity of service and all consequential benefits, including pensionary benefits, within four weeks. The petitioners shall be treated as having been in continuous service for all purposes.
Law Points
- Termination of services of untrained teachers appointed prior to requirement of D.Ed qualification
- long continuous service
- no complaint
- opportunity to acquire qualification
- Rule 101 of Maharashtra Civil Services (Pension) Rules
- 1982
