Case Note & Summary
The petitioners, the President of Shri Saraswati Education Society and the Head Master of Saraswati Vidyalaya, Ambashi, challenged the judgment of the School Tribunal, Aurangabad, dated 10.4.1992 in Appeal No. 123 of 1989-A. The Tribunal had held that the transfer of Respondent No.1, Vinayak Bhagwan Karodade, a peon, from Saraswati Vidyalaya, Ambashi to Saraswati Vidyalaya, Maslapen amounted to 'otherwise termination' of his services and directed his reinstatement as peon in the school at Ambashi within 40 days. The petitioners, being the employer, filed a writ petition in the Bombay High Court at Nagpur Bench. The facts reveal that the respondent was transferred on 28.6.1989, he got relieved and joined at the new school on 30.6.1989, and on 1.7.1989 applied for leave. However, he later challenged the transfer before the School Tribunal. The petitioners argued that Section 9 of the Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977 (MEPS Act) does not permit challenge to a transfer order before the School Tribunal. The respondent contended that the transfer was without his consent and amounted to termination. The court, after hearing both sides, upheld the Tribunal's decision, holding that the transfer without consent constituted 'otherwise termination' under Section 9 of the MEPS Act. The court dismissed the writ petition, confirming the Tribunal's order of reinstatement. The court also noted that the interim stay granted earlier was vacated.
Headnote
A) Service Law - Transfer - Otherwise Termination - Section 9, Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977 - Transfer of a peon from one school to another within the same society without his consent was held to be 'otherwise termination' of his services - The School Tribunal has jurisdiction to entertain an appeal against such transfer order - The employee had obeyed the transfer and joined, but later challenged it - Held that the transfer amounted to termination as it changed his service conditions without consent (Paras 1-5).
Issue of Consideration
Whether a transfer order of an employee from one school to another within the same educational society amounts to 'otherwise termination' under Section 9 of the Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977, and whether the School Tribunal has jurisdiction to entertain an appeal against such transfer order.
Final Decision
The High Court dismissed the writ petition, upholding the School Tribunal's judgment that the transfer amounted to 'otherwise termination' and directed reinstatement of the employee as peon in the school at Ambashi within 40 days. The interim stay granted earlier was vacated.
Law Points
- Transfer without consent amounts to termination
- Section 9 MEPS Act
- School Tribunal jurisdiction
Case Details
2006 LawText (BOM) (07) 113
Writ Petition No. 1521 of 1992
Shri H.A. Deshpande for petitioners, Shri S.K. Sable for respondents No.1 & 2, Shri D.P. Thakre, AGP for respondent No.3
President, Shri Saraswati Education Society, Akola and Head Master, Saraswati Vidyalaya, Ambashi
Vinayak Bhagwan Karodade, Education Officer, Zilla Parishad, Akola, Presiding Officer, School Tribunal, Aurangabad
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Nature of Litigation
Writ petition challenging the judgment of the School Tribunal which held that transfer of an employee amounted to 'otherwise termination'.
Remedy Sought
Petitioners (employer) sought to quash the School Tribunal's order directing reinstatement of the employee.
Filing Reason
The employer challenged the School Tribunal's decision that the transfer of a peon from one school to another within the same society constituted 'otherwise termination' under Section 9 of the MEPS Act.
Previous Decisions
The School Tribunal, Aurangabad, in Appeal No. 123 of 1989-A, held that the transfer amounted to 'otherwise termination' and directed reinstatement. The High Court granted interim stay of that judgment.
Issues
Whether a transfer order of an employee from one school to another within the same educational society amounts to 'otherwise termination' under Section 9 of the MEPS Act?
Whether the School Tribunal has jurisdiction to entertain an appeal against a transfer order?
Submissions/Arguments
Petitioners argued that Section 9 of the MEPS Act does not permit challenge to a transfer order before the School Tribunal. The respondent had obeyed the transfer and joined, thus there was no termination.
Respondent No.1 contended that the transfer was without his consent and amounted to termination of his services.
Ratio Decidendi
A transfer of an employee from one school to another within the same educational society, without the employee's consent, amounts to 'otherwise termination' of his services under Section 9 of the Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977, and the School Tribunal has jurisdiction to entertain an appeal against such transfer order.
Judgment Excerpts
The School Tribunal has held that transfer of present Respondent No.1 from Saraswati Vidyalaya, Ambashi to Saraswati Vidyalaya at Maslapen amounted to 'otherwise termination' of his services as Peon and has therefore, quashed and set aside the order and directed the petitioners to reinstate him as Peon in the School at Ambashi within a period of 40 days.
Shri Deshpande, learned counsel urged that Section 9 of Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977, does not permit challenge to transfer order before the School Tribunal.
Procedural History
The School Tribunal, Aurangabad, passed judgment on 10.4.1992 in Appeal No. 123 of 1989-A, holding that the transfer of Respondent No.1 amounted to 'otherwise termination' and directing reinstatement. The petitioners filed Writ Petition No. 1521 of 1992 in the Bombay High Court, Nagpur Bench, which granted interim stay. After hearing, the High Court dismissed the writ petition on 24.7.2006.
Acts & Sections
- Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977: Section 9
