Case Note & Summary
The petitioners, the Chairman of Bhor Education Society and the Head Master of Raja Raghunathrao Vidyalaya, challenged the order of the School Tribunal, Pune, which allowed the appeal of the respondent no.1, Dattatraya Bajirao Bhilare, under Section 9 of the Maharashtra Employees of Private Schools (Conditions of Service) Regulations Act, 1977 (MEPS Act). The Tribunal set aside the termination order dated 24th June 2014 and directed reinstatement with full back-wages and consequential benefits. The respondent no.1, a B.Sc., B.Ed. qualified teacher from the open category, was initially appointed as an assistant teacher in June 2009 after a regular selection process for a permanent post. Although he was issued appointment letters only for one academic year and served termination notices annually, he continued to work for the academic years 2010-11 and 2011-12, thereby completing more than three years of continuous service. Subsequently, the management issued a fresh advertisement in August 2012 for the post of Shikshan Sevak, and the respondent no.1 was again selected and appointed on 7th September 2012. However, on 5th November 2012, the management asked him to return the appointment order and give an undertaking not to claim any rights based on it. The respondent no.1 filed an appeal before the School Tribunal, which ruled in his favor. The High Court, in its judgment dated 16th June 2016, dismissed the writ petition, holding that the Tribunal's findings were based on evidence and not perverse. The Court noted that the respondent no.1 had been in continuous service and had acquired permanency under the MEPS Act. The termination was illegal, and the Tribunal's order for reinstatement with back-wages was justified. The Court found no error of law or jurisdiction in the Tribunal's decision.
Headnote
A) Service Law - Permanency - Continuous Service - Maharashtra Employees of Private Schools (Conditions of Service) Regulations Act, 1977, Section 9 - The respondent teacher was appointed as Shikshan Sevak after serving as assistant teacher for three years. The management issued termination letters annually but did not give effect to them. The School Tribunal held that the teacher had become permanent due to continuous service and set aside the termination. The High Court upheld the Tribunal's order, finding no perversity or error of law. (Paras 1-10) B) Service Law - Reinstatement - Back-Wages - Maharashtra Employees of Private Schools (Conditions of Service) Regulations Act, 1977, Section 9 - The Tribunal directed reinstatement with full back-wages and consequential benefits. The High Court confirmed the order, noting that the termination was illegal and the teacher had been in continuous service. (Paras 1-10)
Issue of Consideration
Whether the respondent no.1 was entitled to reinstatement with back-wages after being terminated from the post of Shikshan Sevak despite having served continuously for more than three years.
Final Decision
The High Court dismissed the writ petition and upheld the order of the School Tribunal dated 15th January 2016, directing reinstatement of the respondent no.1 with full back-wages and consequential benefits.
Law Points
- Permanency under MEPS Act
- continuous service
- termination without notice
- back-wages
- reinstatement
