Case Note & Summary
The petitioner, Pramod Raghunath Vaidya, was appointed as a teacher at Yuvak Vidyalaya, Vihirgaon, initially on 1 January 2002 and later on 23 July 2002, in a permanent vacancy caused by the death of Sh. J.R. Meshram. He possessed B.A., B.Ed. qualifications, while the deceased teacher had H.S.S.C., D.Ed. qualifications. The petitioner's services were terminated on 18 July 2005. He filed an appeal before the Grievance Committee, which was dismissed on 26 September 2008, holding that his appointment was made without following the procedure and thus could not be treated as probationary. The petitioner challenged this order by way of a writ petition before the Bombay High Court, Nagpur Bench. The petitioner argued that he had acquired deemed confirmation under Section 5 of the Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977 (MEPS Act) due to continuous service. The respondents contended that the appointment was irregular. The court, after hearing the parties, held that since the appointment was made without following the prescribed procedure, it could not be treated as having been made on probation. Therefore, the petitioner could not claim deemed confirmation under Section 5 of the MEPS Act. The court dismissed the writ petition, upholding the Grievance Committee's order.
Headnote
A) Service Law - Deemed Confirmation - Section 5 of Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977 - Appointment without following procedure cannot be treated as probationary - The petitioner was appointed without following the prescribed procedure, hence his appointment could not be treated as having been made on probation. Consequently, he could not claim deemed confirmation under Section 5 of the MEPS Act. The Grievance Committee's order dismissing his appeal was upheld. (Paras 2-4)
Issue of Consideration
Whether the petitioner, appointed without following the prescribed procedure, can claim deemed confirmation under Section 5 of the Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977, and whether his termination was illegal.
Final Decision
The writ petition is dismissed. The order of the Grievance Committee dated 26-9-2008 is upheld.
Law Points
- Deemed confirmation under Section 5 of MEPS Act requires valid appointment on probation
- Appointment without following procedure cannot be treated as probationary
- Termination of invalid appointment is not illegal
