Case Note & Summary
The case involves a writ petition filed by the Head Master and President of a school management challenging the judgment and order of the School Tribunal, Chandrapur, dated 31-8-2012. The Tribunal had allowed an appeal filed by the respondent (Prabhakar Dhabekar) under Section 9 of the Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977 (MEPS Act), challenging his termination from the post of Clerk. The respondent was appointed as a Clerk by an order dated 17-1-1993 on a purely temporary basis until further order. He was reappointed by another order dated 15-9-1994 on temporary basis from 1-9-1994 to 30-4-1995. Both appointments were made by the Competent Authority. The Project Officer granted approval for the appointment for one session. The respondent worked continuously from 17-1-1993 to 30-4-1995. The School Tribunal recorded a finding that the appointment was in a permanent vacancy and should have been on probation, and that the services could not have been terminated except on grounds of unsatisfactory work, conduct or behaviour. The High Court, in its oral judgment, noted that the undisputed factual position was that the appointments were temporary. However, the Tribunal's finding that the vacancy was permanent was not perverse. The Court held that the Tribunal's order was correct and dismissed the petition. The Court also noted that the respondent had worked for more than two years and the termination was without any inquiry. The petition was dismissed with no order as to costs.
Headnote
A) Service Law - Termination of Service - Permanent Vacancy - Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977, Section 9 - The respondent was appointed as a clerk on temporary basis in a permanent vacancy and worked continuously from 17-1-1993 to 30-4-1995. The School Tribunal held that the appointment was in a permanent vacancy and should have been on probation, and termination without inquiry on grounds of unsatisfactory work, conduct or behaviour was illegal. The High Court upheld the Tribunal's order, finding no perversity in the finding that the vacancy was permanent. (Paras 2-4)
Issue of Consideration
Whether the termination of a clerk appointed on temporary basis in a permanent vacancy is illegal under the MEPS Act.
Final Decision
The High Court dismissed the writ petition, upholding the School Tribunal's order of reinstatement. No order as to costs.
Law Points
- Appointment in permanent vacancy must be on probation
- termination without inquiry invalid
- Section 9 MEPS Act provides remedy against illegal termination
