Case Note & Summary
The petitioner, Vilas Jijabrao Chavan, was appointed as an Assistant Teacher on 08/07/1992 and given charge of Head Master in January 1993. His appointment was approved by the Education Officer w.e.f. 12/08/1994. In the academic year 1996-1997, the respondent educational institution received 100% grant-in-aid, and the petitioner claimed he was orally terminated on 17/09/1996. He was temporarily re-employed from 05/12/2001 to 06/04/2002. His appeal before the School Tribunal was dismissed on 30/03/2002, and the management terminated his services w.e.f. 06/04/2002. The petitioner argued that he had worked for more than 3½ years and was a deemed permanent employee under Rule 28 of the MEPS Rules, 1981, and that oral termination is not valid. He relied on Progressive Education Society v. Rajendra, AIR 2008 SC 1442. The court noted that the petitioner failed to produce any evidence of oral termination, such as a contemporaneous complaint or correspondence. The School Tribunal had dismissed the appeal for lack of proof. The High Court found no merit in the petition and dismissed it, upholding the Tribunal's order.
Headnote
A) Service Law - Termination - Oral Termination - Burden of Proof - Petitioner claimed oral termination on 17/09/1996 but failed to produce any evidence or contemporaneous complaint - Held that oral termination is not recognized in law unless proved by cogent evidence, and the School Tribunal correctly dismissed the appeal for lack of proof (Paras 1-6).
Issue of Consideration
Whether the petitioner's oral termination was valid and whether he was entitled to reinstatement as a deemed permanent employee under the MEPS Rules, 1981.
Final Decision
The writ petition is dismissed. The judgment and order of the School Tribunal dated 30/03/2002 is upheld.
Law Points
- Deemed permanent employee
- Rule 28 of MEPS Rules
- 1981
- oral termination
- burden of proof
- School Tribunal jurisdiction
Case Details
2016 LawText (BOM) (08) 8
WRIT PETITION NO.1593 OF 2002
Mr.R.M.Deshmukh for petitioner, Mr.S.D.Kaldate, AGP for respondent/State
Grushneshwar Shikshan Sanstha, The Head Master, Grushneshwar Shikshan Sanstha, The Education Officer (Secondary), Zilla Parishad, Aurangabad
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Nature of Litigation
Writ petition challenging the judgment of the School Tribunal dismissing the petitioner's appeal against termination.
Remedy Sought
Petitioner sought reinstatement with back wages and setting aside of termination.
Filing Reason
Petitioner claimed he was orally terminated on 17/09/1996 and later terminated w.e.f. 06/04/2002 after the Tribunal dismissed his appeal.
Previous Decisions
The School Tribunal dismissed Appeal No.319/1996 on 30/03/2002. Earlier, this Court in WP No.4829/2001 had remitted the appeal to the Tribunal with a direction to deposit 20% back wages.
Issues
Whether the petitioner's oral termination on 17/09/1996 was valid and proved.
Whether the petitioner was entitled to protection as a deemed permanent employee under Rule 28 of MEPS Rules, 1981.
Submissions/Arguments
Petitioner argued that he worked for more than 3½ years and was a deemed permanent employee; oral termination is not recognized in law.
Petitioner relied on Progressive Education Society v. Rajendra, AIR 2008 SC 1442.
Respondents contended that the petitioner failed to prove oral termination and the Tribunal correctly dismissed the appeal.
Ratio Decidendi
Oral termination must be proved by cogent evidence; mere allegation without contemporaneous complaint or proof is insufficient. The School Tribunal's dismissal for lack of evidence was correct.
Judgment Excerpts
The petitioner is aggrieved by the judgment and the order dated 30/03/2002 delivered by the School Tribunal, Aurangabad by which Appeal No.319/1996, filed by the petitioner, has been dismissed.
An oral termination does not exist in the eyes of law and as such, the said termination deserves to be set aside.
Procedural History
Petitioner appointed on 08/07/1992, given charge of Head Master in January 1993, approval granted w.e.f. 12/08/1994. Claimed oral termination on 17/09/1996. Filed Appeal No.319/1996 before School Tribunal. Initially appeal allowed, but this Court in WP No.4829/2001 remitted the matter on 13/12/2001 with direction to deposit 20% back wages. Tribunal dismissed appeal on 30/03/2002. Management terminated services w.e.f. 06/04/2002. Petitioner filed present writ petition.
Acts & Sections
- Maharashtra Employees of Private Schools (Conditions of Service) Rules, 1981: Rule 28
