Case Note & Summary
The petitioner, Vijaya d/o Vithalrao Ingle, was appointed as an Assistant Teacher by the respondent Management on 01/08/1991 on probation for one academic year. Subsequent appointment orders were issued on 15/06/1992 and 10/06/1993, with the latter again specifying probation for one academic year. The petitioner alleged that she was made to sign blank papers at the time of joining, which she feared would be used to show her resignation. By an application dated 25/04/1994, she apprised the Education Officer of this apprehension. The Management terminated her services and appointed respondent No.4 in her place. The petitioner challenged the termination and the appointment of respondent No.4. The court considered the submissions of the petitioner's counsel that the termination was illegal as it was effected before the completion of the probation period and without any inquiry. The court held that the termination was illegal and violative of the Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977. The court allowed the petition, quashed the termination order, and directed the Management to reinstate the petitioner with continuity of service and back wages. The appointment of respondent No.4 was made subject to the result of the petition and was set aside.
Headnote
A) Service Law - Termination - Probation - Sections 5, 7 Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977 - Petitioner was appointed on probation for one academic year but was terminated before completion of probation period without any inquiry - Court held that termination during probation without completing the period and without inquiry is illegal and violative of the Act - Management directed to reinstate petitioner with continuity of service and back wages (Paras 1-10).
Issue of Consideration
Whether the termination of the petitioner's services without completing the probation period and without any inquiry is legal and valid.
Final Decision
Petition allowed. Termination order quashed. Management directed to reinstate petitioner with continuity of service and back wages. Appointment of respondent No.4 set aside.
Law Points
- Probation period must be completed before termination
- Termination without inquiry is illegal
- Appointment of substitute during pendency of petition is subject to result
