Case Note & Summary
The petitioners, Rayat Shikshan Sanstha and the Head Master of Shri Shambhu Mahadev Vidayalaya, filed a writ petition under Articles 226 and 227 of the Constitution of India challenging the judgment and order dated 25th February 2016 passed by the learned Presiding Officer, School Tribunal, Kolhapur. The School Tribunal had partly allowed the appeal (49 of 2015) filed by the respondent no.1, Appa Bhimrao Pol, setting aside his termination order dated 6th October 2015 and directing the petitioners to give pensionary benefits to the respondent no.1 by treating his last pay as on 31st December 2015 without any continuity for the purpose of monetary benefit. The Tribunal rejected the claim for back wages and reinstatement as the respondent no.1 had retired. The respondent no.1 was appointed as a Supervisor in the school run by the petitioner no.1 on 20th September 1984. The petitioner no.1 received complaints of molestation of three girl students and other misconduct against the respondent no.1. On 1st February 2013, the respondent no.1 ordered students to run without sleepers, causing injuries. He also celebrated his birthday in school by collecting money from students. An alleged immoral act occurred on 25th February 2013. The petitioners terminated the respondent no.1 without holding any disciplinary inquiry. The respondent no.1 filed an appeal before the School Tribunal, which allowed the appeal partly. The High Court held that the termination without holding a disciplinary inquiry was illegal and that the School Tribunal was justified in setting aside the termination order. The Court further held that the respondent no.1 was entitled to pensionary benefits, as pensionary benefits are distinct from back wages. The petition was dismissed.
Headnote
A) Service Law - Termination - Illegal Termination - Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977, Section 5 - The respondent no.1 was terminated without holding any disciplinary inquiry as required under Section 5 of the Act. The School Tribunal set aside the termination order and directed pensionary benefits. The High Court upheld the order, holding that termination without inquiry is illegal and that pensionary benefits are separate from back wages. (Paras 2-10) B) Service Law - Pensionary Benefits - Entitlement - Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977 - The School Tribunal directed the petitioners to give pensionary benefits to the respondent no.1 by treating his last pay as on 31st December 2015 without continuity for monetary benefit. The High Court affirmed, noting that the respondent no.1 had already retired and reinstatement was not possible. (Paras 2, 10)
Issue of Consideration
Whether the termination of the respondent no.1 without holding a disciplinary inquiry was legal and whether he is entitled to pensionary benefits.
Final Decision
The High Court dismissed the writ petition, upholding the School Tribunal's order granting pensionary benefits to the respondent no.1.
Law Points
- Termination without disciplinary inquiry is illegal
- Pensionary benefits are distinct from back wages
- School Tribunal has jurisdiction under Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act
- 1977
