Case Note & Summary
The appellant, Bhimrao Prabhusingh Rathod, was employed as a teacher at Sudhakarrao Naik Junior College, Mangrulpir. He was terminated from service in 1993. He challenged the termination before the School Tribunal, Amravati Division, which stayed the termination order on 28.5.1993. The appellant joined duties on 7.6.1993 but remained absent unauthorizedly after 20.1.1995. The appeal before the School Tribunal was dismissed in default on 2nd April, 1997 due to the appellant's non-appearance, which was later restored. The appellant then filed a writ petition, which was dismissed, leading to the present Letters Patent Appeal. The appellant argued that reinstatement results in restoration of the position prevailing on the date of termination, and therefore back wages and continuity of service must automatically follow. He relied on the Supreme Court judgments in Deepali Surwase vs. Kranti Junior Adhyapak Mahavidyalaya (D.Ed.) and others, (2013) Vol.10 SCC 324, and State Bank of India vs. Chandra Govindji, (2000) Vol.8 SCC 532. The respondents, including the management and the Deputy Director of Education, opposed the appeal, arguing that the appellant remained absent unauthorizedly and did not attend proceedings, leading to the dismissal of the appeal. The Court, after hearing the parties, allowed the appeal, setting aside the impugned order and directing that the appellant is entitled to back wages and continuity of service from the date of termination. The Court held that the dismissal of the appeal in default could not be used against the appellant to deny these benefits.
Headnote
A) Service Law - Termination - Back Wages - Reinstatement - The appellant was terminated in 1993; School Tribunal stayed termination and he joined duties, but later remained absent. Appeal was dismissed in default in 1997 but restored. The Court held that reinstatement results in restoration of position prevailing on date of termination, and back wages and continuity of service must automatically follow. Dismissal in default cannot be used to deny these benefits. (Paras 1-4)
B) Service Law - Continuity of Service - School Tribunal - The appellant's appeal was dismissed in default due to absence of regular Presiding Officer and shifting of venue. The Court held that such dismissal cannot be used against the appellant to deny continuity of service or back wages. (Paras 2-4)
Issue of Consideration
Whether the appellant is entitled to back wages and continuity of service after reinstatement following illegal termination, and whether the dismissal of appeal in default can be used to deny such benefits.
Final Decision
Appeal allowed. Impugned order set aside. Appellant is entitled to back wages and continuity of service from the date of termination.
Law Points
- Reinstatement results in restoration of position prevailing on date of termination
- back wages and continuity of service automatically follow
- dismissal in default cannot be used to deny back wages or continuity
Case Details
2017 LawText (BOM) (01) 121
Letters Patent Appeal No. 244/2007 in Writ Petition No.3798/2006
B.P. Dharmadhikari, Mrs. Swapna Joshi
Mr. S.P. Kshirsagar for appellant, Mr. Nitin Rode, A.G.P. for respondent nos. 1 and 4, Mr. S.V. Sohoni for respondents 2 and 3
Bhimrao Prabhusing Rathod
The Presiding Officer, School Tribunal, Amravati Division, Amravati; The Secretary, Shamki Mata Shikshan Va Krida Prasarak Mandal, Umrari Bk.; The PrincipalInCharge, Sudhakarrao Naik Junior College, At Po: Mangrulpir; The Deputy Director of Education, Amravati Division, Amravati
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Nature of Litigation
Letters Patent Appeal against dismissal of writ petition challenging School Tribunal order denying back wages and continuity of service after reinstatement.
Remedy Sought
Appellant sought back wages and continuity of service from date of termination.
Filing Reason
Appellant was terminated in 1993; School Tribunal stayed termination and he joined duties, but later remained absent. Appeal was dismissed in default, later restored. Writ petition was dismissed, leading to this appeal.
Previous Decisions
School Tribunal dismissed appeal in default on 2nd April, 1997; later restored. Writ Petition No.3798/2006 was dismissed.
Issues
Whether the appellant is entitled to back wages and continuity of service after reinstatement following illegal termination.
Whether the dismissal of appeal in default can be used to deny back wages or continuity of service.
Submissions/Arguments
Appellant argued that reinstatement results in restoration of position prevailing on date of termination, and back wages and continuity of service must automatically follow. Relied on Deepali Surwase and State Bank of India vs. Chandra Govindji.
Respondents argued that appellant remained absent unauthorizedly and did not attend proceedings, leading to dismissal of appeal; law relied upon is not relevant.
Ratio Decidendi
Reinstatement results in restoration of position prevailing on date of termination, and back wages and continuity of service must automatically follow. Dismissal of appeal in default cannot be used to deny these benefits.
Judgment Excerpts
The 1993 termination of appellant is an issue and therefore efforts were earlier made to decide the matter finally.
By placing reliance upon the judgment of the Hon’ble Apex Court reported at (2013) Vol.10 SCC 324: (Deepali Surwase vs. Kranti Junior Adhyapak Mahavidyalaya (D.Ed.) and others), Adv.Kshrisagar submits that reinstatement results in restoration of position prevailing on the date of termination and, as such, wages after such restoration and continuity of service after that date, must automatically follow.
Procedural History
Appellant was terminated in 1993. He challenged termination before School Tribunal which stayed termination on 28.5.1993. He joined duties on 7.6.1993 but remained absent after 20.1.1995. Appeal was dismissed in default on 2nd April, 1997, later restored. Writ Petition No.3798/2006 was dismissed. Present Letters Patent Appeal filed in 2007. Appeal was dismissed in default on 2.12.2015 and restored. Heard finally on 24.1.2017.
Acts & Sections
- Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977:
