Case Note & Summary
The petitioner, Shree Shivaji Shikshan Prasarak Mandal, a registered public trust running a school, challenged the order of the School Tribunal dated 23rd August 1991 which set aside the termination of the respondent teacher, Kiran Bhaskar Kulkarni, and directed his reinstatement. The respondent was appointed as a lecturer on three successive temporary appointments: from 1/9/1987 to 15/6/1988, from 1/8/1988 to 15/6/1989, and from 15/7/1989 to 15/6/1990. All appointments were expressly stated to be temporary and for fixed periods. On the reopening of the academic year 1990-1991, the respondent was not allowed to join duties. He appealed to the School Tribunal, which held that since the respondent had been in continuous service for more than two years, he must be deemed a permanent employee under the Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977, and that his termination without following the procedure for permanent employees was illegal. The High Court, in this writ petition, considered the sole ground of challenge: whether the respondent could be deemed permanent despite the temporary nature of his appointments. The Court held that the temporary appointments for fixed periods did not preclude the application of Section 5 of the Act, which confers deemed permanency after two years of continuous service. The Court noted that the respondent had served continuously from 1/9/1987 to 15/6/1990, a period exceeding two years, and therefore became a permanent employee. Consequently, the termination without following the prescribed procedure was illegal. The High Court dismissed the petition, upholding the Tribunal's order of reinstatement.
Headnote
A) Service Law - Deemed Permanency - Continuous Service - Section 5 of Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977 - The respondent teacher was appointed on three successive temporary appointments for fixed periods from 1987 to 1990, totaling more than two years of continuous service. The School Tribunal held that the teacher became a permanent employee by virtue of continuous service and that termination without following the procedure for permanent employees was illegal. The High Court upheld this view, holding that the temporary nature of appointments does not prevent the operation of Section 5 which confers deemed permanency after two years of continuous service. (Paras 2-5)
Issue of Consideration
Whether a teacher appointed on temporary basis for fixed periods can be deemed a permanent employee after completing two years of continuous service, and whether termination without following the procedure for permanent employees is illegal.
Final Decision
The High Court dismissed the writ petition, upholding the order of the School Tribunal dated 23rd August 1991 which set aside the termination of the respondent and directed his reinstatement.
Law Points
- Continuous service for more than two years confers deemed permanent status
- termination of permanent employee without following prescribed procedure is illegal
- temporary appointment for fixed period does not automatically prevent permanency under Section 5 of MEPS Act
- 1977
