Case Note & Summary
The judgment concerns two writ petitions arising from the same order of the School Tribunal dated 22nd February 1990 in Appeal No.132 of 1988. The first petition was filed by Bhujanga Dashrath Sarawade, an employee of Tuljaram Chaturchand College of Arts & Sciences, Baramati, challenging his termination. The second petition was filed by the Anekant Education Society and the Principal of the college against the same order. The School Tribunal had allowed the appeal of Raghuvir Sharad Pataskar, who was also an employee, and ordered his reinstatement with continuity of service and back wages. The core legal issue was whether the termination of the employee's service without prior approval of the Deputy Director of Education under Section 5 of the Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977 was valid. The court held that the termination was invalid as it violated the mandatory requirement of prior approval. The court dismissed the petition filed by the employee (Writ Petition No.2431 of 1990) and allowed the petition filed by the Society and Principal (Writ Petition No.2439 of 1990) to the extent that the order of the School Tribunal was upheld. The decision was in favor of the employee Raghuvir Sharad Pataskar, who was the respondent in both petitions.
Headnote
A) Service Law - Termination of Service - Prior Approval - Section 5 of the Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977 - The termination of a permanent employee without obtaining prior approval from the Deputy Director of Education is invalid and void ab initio - The School Tribunal correctly ordered reinstatement with continuity of service and back wages (Paras 2-5).
Issue of Consideration
Whether the termination of the petitioner's service without prior approval of the Deputy Director of Education under Section 5 of the Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977 is valid.
Final Decision
The court dismissed Writ Petition No.2431 of 1990 and allowed Writ Petition No.2439 of 1990, upholding the order of the School Tribunal dated 22nd February 1990 in Appeal No.132 of 1988, which ordered reinstatement with continuity of service and back wages.
Law Points
- Termination of service without prior approval of the Deputy Director of Education is invalid
- Section 5 of the MEPS Act requires prior approval for termination of a permanent employee
- School Tribunal has jurisdiction to order reinstatement with back wages
