Case Note & Summary
The petitioners, Shri Bhagwan Mahavir Primary School and its managing trust, challenged the judgment and order dated 6-2-2012 passed by the School Tribunal, Amravati, in Appeal No.75 of 2001. The Tribunal had allowed the appeal of the respondent-teacher, Raju s/o Laxmanrao Ubarhande, set aside his termination (which was by acceptance of resignation), and directed reinstatement with continuity of service and 25% back wages. The respondent-teacher was initially appointed as an Assistant Teacher on 1-7-1997 for a fixed period up to 30-4-1998, and subsequently reappointed for successive academic years through separate orders, each time after advertisement and interview. His last appointment was from 1-7-2000 to 30-4-2001. On 21-11-2000, the teacher submitted a resignation in his own handwriting, which was accepted by the management on 10-12-2000. The teacher then filed an appeal before the School Tribunal in October 2001, along with an application for condonation of delay, which was allowed. The Tribunal held that the teacher had worked continuously from 1-7-1997 to 31-3-2001, that his appointment was in a clear and permanent vacancy, and that his initial appointment should be treated as on probation under Section 5 of the Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977. The Tribunal set aside the termination and ordered reinstatement. The High Court, in the present writ petition, examined the facts and found that the resignation was voluntarily submitted by the teacher in his own handwriting and was accepted by the management. There was no allegation of coercion or duress. The court held that the School Tribunal erred in treating the resignation as a termination and in ordering reinstatement. The court allowed the petition, quashed the Tribunal's order, and dismissed the teacher's appeal. The court also noted that the teacher had worked only for a few years and that the management had followed proper procedure in appointing him on a temporary basis.
Headnote
A) Service Law - Resignation - Voluntary Resignation - Acceptance - The court held that where an employee voluntarily submits a resignation in his own handwriting and the management accepts it, the resignation is valid and cannot be set aside unless coercion or duress is proved. The School Tribunal erred in treating the resignation as termination without considering the voluntary nature. (Paras 5-7) B) Service Law - Probation - Section 5 of Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977 - The initial appointment of a teacher on 1-7-1997 was to be treated as on probation under Section 5 of the MEPS Act, 1977, even though the appointment orders were for fixed periods. The teacher had worked continuously from 1-7-1997 to 31-3-2001. (Paras 4-5) C) Service Law - School Tribunal - Jurisdiction - The School Tribunal has jurisdiction to entertain an appeal against termination, but where the termination is by way of resignation voluntarily accepted, the Tribunal cannot order reinstatement unless the resignation is found to be under duress or coercion. (Paras 5-7)
Issue of Consideration
Whether the School Tribunal was justified in setting aside the resignation of the respondent-teacher and ordering reinstatement with back wages, when the resignation was voluntarily submitted and accepted by the management.
Final Decision
The High Court allowed the writ petition, quashed the judgment and order dated 6-2-2012 passed by the School Tribunal, Amravati, in Appeal No.75 of 2001, and dismissed the appeal filed by the respondent-teacher.
Law Points
- Resignation
- voluntary acceptance
- no coercion
- termination by resignation
- Section 5 of MEPS Act
- 1977
- probation
- temporary appointment
- permanent vacancy
- School Tribunal jurisdiction
