Case Note & Summary
The petitioner, Anil Govindrao Korde, was appointed as an Assistant Teacher in Raneshwar Vidyalaya, Hatti (respondent No.2 school) from the 25% Graduates' quota after following due procedure. After completing two years of probation, he was granted permanency, and the Education Officer (respondent No.3) approved his permanent appointment. In a previous writ petition (WP No.5184/2007), the Education Officer was directed to consider the petitioner's grievance, and by order dated 25.3.2009, the Education Officer declared the petitioner's appointment valid and the appointment of respondent No.4 (Shivaji Dabhade) invalid. Respondent No.4 is the son of the President of respondent No.1 management. Allegedly annoyed by this, the President and Secretary terminated the petitioner's permanent services by order dated 22.4.2009 without any inquiry or prior approval. The petitioner appealed to the School Tribunal, Aurangabad, which dismissed his appeal on 3.9.2012. The petitioner also challenged an order dated 22.4.2013 passed by the Deputy Director of Education (respondent No.6). The legal issues were whether the termination was valid without prior approval of the Education Officer under Section 5 of the Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977, and whether principles of natural justice were violated. The petitioner argued that the termination was illegal and malafide, while the respondents contended that the petitioner was not a permanent employee and the termination was justified. The court analyzed that the School Tribunal failed to consider the mandatory requirement of prior approval for termination of a permanent employee and that the termination was passed without any inquiry. The court held that the termination order dated 22.4.2009 was illegal and void, and set aside the School Tribunal's order and the Deputy Director's order. The court directed the reinstatement of the petitioner with continuity of service and full back wages.
Headnote
A) Service Law - Termination of Permanent Employee - Prior Approval - Section 5 of the Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977 - The termination of a permanent employee without prior approval of the Education Officer is illegal and void. The court held that the School Tribunal erred in dismissing the appeal without considering the mandatory requirement of prior approval. (Paras 1-10) B) Service Law - Natural Justice - Inquiry - Termination of a permanent employee without a proper inquiry and without giving an opportunity of hearing violates principles of natural justice. The court held that the termination order dated 22.4.2009 was passed without any inquiry and without following due process. (Paras 3-10) C) Service Law - Appointment - Validity - The Education Officer had declared the petitioner's appointment as valid and the appointment of respondent No.4 as invalid. The court noted that the management terminated the petitioner's services due to annoyance over the invalidation of respondent No.4's appointment. (Paras 3-10)
Issue of Consideration
Whether the termination of the petitioner's services as a permanent assistant teacher was valid without prior approval of the Education Officer and without following the principles of natural justice.
Final Decision
The writ petition is allowed. The judgment of the School Tribunal dated 3.9.2012 and the order of the Deputy Director of Education dated 22.4.2013 are quashed and set aside. The termination order dated 22.4.2009 is declared illegal and void. The petitioner is directed to be reinstated with continuity of service and full back wages.
Law Points
- Termination of a permanent employee without prior approval of the Education Officer is void
- Natural justice requires a proper inquiry before termination
- Section 5 of the Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act
- 1977 mandates prior approval for termination of permanent employees
