Case Note & Summary
The petitioners, the President of Mahila Mandal Sinnar and the Head Master of Matoshree Sagunabai Bhiksua Prathamik School, challenged the judgment and order dated 7th July 1995 passed by the School Tribunal, Nasik in Appeal No.5 of 1993. The Tribunal had allowed the appeal filed by the respondent, Smt. Sunita Bansidhar Patole, and directed the petitioners to reinstate her to her original post with backwages and all monetary benefits. The respondent was initially appointed in December 1987 on a leave vacancy for five months. Thereafter, by letter dated 1st July 1988, she was appointed as an Assistant Teacher on a pay scale of Rs. 290-1-390-15-465. Fresh appointment orders were issued on 28th May 1990 and 31st May 1991. Her services were terminated with effect from 1st May 1992. The respondent filed an appeal before the School Tribunal, which was allowed. The petitioners contended that the respondent was appointed on leave vacancy and her appointment was temporary. However, the court noted that the respondent had served continuously from 1987 to 1992 and her termination was without prior approval of the Education Officer as required under the Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977. The High Court held that the termination was illegal and upheld the Tribunal's order of reinstatement with backwages. The court dismissed the writ petition, finding no merit in the petitioners' challenge.
Headnote
A) Service Law - Termination of Teacher - Unauthorised Termination - Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977, Sections 5 and 7 - The respondent teacher was appointed on leave vacancy and subsequently continued on fresh appointment orders. Her services were terminated without prior approval of the Education Officer. The School Tribunal allowed her appeal and ordered reinstatement with backwages. The High Court upheld the order, holding that the termination was illegal as no prior approval was obtained. (Paras 1-4) B) Service Law - Deemed Permanency - Continuous Service - Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977, Section 5 - The respondent teacher had served continuously from 1987 to 1992, and her appointment was not purely temporary. The court held that she was entitled to protection under the Act and the termination without following due process was invalid. (Paras 3-4)
Issue of Consideration
Whether the termination of the respondent teacher without prior approval of the Education Officer under the Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977 was legal and whether the School Tribunal's order of reinstatement with backwages was justified.
Final Decision
The High Court dismissed the writ petition, upholding the School Tribunal's order of reinstatement with backwages and all monetary benefits.
Law Points
- Termination without prior approval of the Education Officer is illegal
- Teacher appointed on leave vacancy but continued for more than two years is deemed permanent
- School Tribunal has jurisdiction to order reinstatement with backwages
