Case Note & Summary
The petitioner, Shri Guru Buddhiswami Mahavidyalaya, through its Secretary and Principal, challenged the judgment and order dated 06/12/2013 of the School Tribunal, Latur, which partly allowed Appeal No.1/2013 filed by respondent No.1, Naresh Vishnu Kotarwar, an employee. The Tribunal set aside the acceptance of the employee's voluntary retirement application dated 07/07/2005 by the Management, holding it illegal, and directed reinstatement with continuity of service but without back wages. The employee had joined as an Instructor on 24/08/1993 and was confirmed on 15/06/1996. On 16/02/2005, the Principal received a communication from the State Bank of India regarding a loan application by the employee, which led to a dispute. The employee submitted a voluntary retirement application on 07/07/2005, but later withdrew it on 18/07/2005. The Management accepted the retirement on 20/07/2005, after the withdrawal. The employee appealed to the School Tribunal, which found the acceptance illegal. The High Court upheld the Tribunal's order, noting that under Section 7(2) of the Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977, an employee can withdraw a resignation or voluntary retirement application before the expiry of the notice period. Since the employee withdrew on 18/07/2005, before the notice period ended, the acceptance on 20/07/2005 was invalid. The Court dismissed the writ petition, confirming the Tribunal's decision.
Headnote
A) Service Law - Voluntary Retirement - Section 7(2) of the Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977 - Acceptance of voluntary retirement application without allowing the employee to withdraw the same before the expiry of the notice period is illegal - The School Tribunal correctly set aside the acceptance as the employee had withdrawn the application before the notice period expired - Held that the Management cannot accept a voluntary retirement application without giving the employee an opportunity to withdraw it within the notice period (Paras 1-4).
Issue of Consideration
Whether the acceptance of the employee's voluntary retirement application by the Management without complying with the mandatory notice period under Section 7(2) of the Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977 is legal and valid.
Final Decision
The High Court dismissed the writ petition, upholding the School Tribunal's order setting aside the acceptance of voluntary retirement and directing reinstatement with continuity of service without back wages.
Law Points
- Voluntary retirement
- acceptance without notice period
- Section 7(2) MEPS Act
- 1977
- School Tribunal jurisdiction
- reinstatement without back wages
Case Details
2016 LawText (BOM) (08) 37
WRIT PETITION NO.10149 OF 2013
Mr.U.B.Bilolikar for petitioners, Mr.P.N.Kutti AGP for respondent/State, Mr.S.S.Bora for respondent No.4, Mr.R.B.Narwade for respondent No.1
Shri Guru Buddhiswami Mahavidyalaya, Purna (Jn.) Tq.Purna, Dist.Parbhani, Through its Secretary, Amarutraj Bhujangrao Kadam and Through its Principal, Dr.Ramrao Nagoba Gangasagare
Naresh S/o Vishnu Kotarwar, District Vocational Education and Training Centre, Parbhani, Deputy Director of Vocational Education and Training Regional Office, Aurangabad, Rajesh S/o Gangabhishan Baheti
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Nature of Litigation
Writ petition challenging the judgment of the School Tribunal setting aside acceptance of voluntary retirement.
Remedy Sought
Petitioner/Management sought to quash the School Tribunal's order directing reinstatement of the employee.
Filing Reason
The Management was aggrieved by the Tribunal's order holding the acceptance of voluntary retirement as illegal.
Previous Decisions
School Tribunal, Latur partly allowed Appeal No.1/2013 on 06/12/2013, setting aside acceptance of voluntary retirement and ordering reinstatement without back wages.
Issues
Whether the acceptance of the employee's voluntary retirement application by the Management was legal when the employee had withdrawn it before the expiry of the notice period.
Submissions/Arguments
Petitioner/Management argued that the employee had voluntarily submitted the retirement application and the acceptance was valid.
Respondent/Employee argued that he withdrew the application before the notice period expired, and the acceptance after withdrawal was illegal.
Ratio Decidendi
Under Section 7(2) of the Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977, an employee has the right to withdraw a resignation or voluntary retirement application before the expiry of the notice period. Acceptance after withdrawal is illegal.
Judgment Excerpts
The petitioner/Management is aggrieved by the judgment and order dated 06/12/2013 delivered by the School Tribunal, Latur by which Appeal No.1/2013 filed by respondent No.1 herein has been partly allowed and the acceptance of his voluntary retirement application dated 07/07/2005 by the petitioner/Management has been held to be illegal and therefore set aside.
Respondent No.1 / employee has been granted reinstatement with continuity of service without back wages.
Procedural History
The employee filed Appeal No.1/2013 before the School Tribunal, Latur, which partly allowed it on 06/12/2013. The Management then filed the present writ petition before the Bombay High Court, which was dismissed on 19/08/2016.
Acts & Sections
- Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977: Section 7(2)
