Case Note & Summary
The appellant, Ashok s/o Pandurang Janjal, was appointed as a Shikshan Sevak (probationary teacher) at Tulsabai Kawal Vidyalaya, Patur, District Akola. His services were terminated by the school management without obtaining prior approval from the competent authority as required under Section 5 of the Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977 (MEPS Act). The appellant challenged the termination before the School Tribunal, which dismissed his appeal. Aggrieved, he filed a Writ Petition before the Bombay High Court, which was also dismissed. The appellant then filed a Letters Patent Appeal before the Division Bench. The Division Bench held that the termination of a Shikshan Sevak without prior approval under Section 5 of the MEPS Act is illegal and void ab initio. The court relied on the provisions of the MEPS Act and the Maharashtra Private Schools (Conditions of Service) Rules, 1981, which mandate prior approval for termination of a Shikshan Sevak. The court set aside the orders of the School Tribunal and the Single Judge, and directed the school management to reinstate the appellant with continuity of service and full back wages from the date of termination until reinstatement. The court also held that the appellant is entitled to all consequential benefits.
Headnote
A) Service Law - Termination of Shikshan Sevak - Prior Approval under Section 5 of MEPS Act - Termination of a Shikshan Sevak without prior approval of the competent authority is illegal and void ab initio - The School Tribunal's order dismissing the appeal was set aside - Held that the appellant is entitled to reinstatement with continuity of service and full back wages (Paras 1-10).
Issue of Consideration
Whether the termination of a Shikshan Sevak (probationary teacher) without prior approval of the competent authority under Section 5 of the Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977 is valid.
Final Decision
The appeal is allowed. The orders of the School Tribunal and the Single Judge are set aside. The respondent school is directed to reinstate the appellant with continuity of service and full back wages from the date of termination until reinstatement, along with all consequential benefits.
Law Points
- Termination of a Shikshan Sevak without prior approval of the competent authority under Section 5 of the MEPS Act is illegal
- void ab initio
- and the employee is entitled to reinstatement with full back wages and continuity of service.
