Case Note & Summary
The petitioner, Almas Welfare Society, a school management, challenged the order of the School Tribunal dated 16.08.2008 in Appeal No. 24 of 2007. The Tribunal had declared the termination orders of respondent No.1, Jawed Ahmed Ubedullakhan, an Assistant Teacher, dated 18.09.2006 and 26.06.2007 as illegal and void, directing his reinstatement without backwages but with continuity of service. The respondent No.1 was initially appointed as Shikshan Sewak for a period of three years from 01.07.2000 to 30.06.2003. It was undisputed that he continued in service beyond 30.06.2003. The management claimed termination on 18.09.2006, while the respondent claimed termination on 25.06.2007. The School Tribunal found that regardless of the date, the termination was bad in law because the respondent had acquired deemed confirmation in service under Section 5(2) read with Section 2(24A) of the Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977 (MEPS Act) upon completion of three years continuous service as Shikshan Sewak on 30.03.2003. The Tribunal relied on the Full Bench decision in Ram Avadh Mahel Pal v. Shivdutta Educational Trust and others, 2007 (6) Mh.L.J. 659, and the single judge decision in The President/Secretary Shivdatta Education Trust and anr v. Ramlocah Rajbali Patel and ors, 2008 (4) ALL MR 889. The High Court admitted the writ petition on 08.06.2009 and passed an order of status quo, directing the management to appoint other persons in place of respondent No.1 subject to the result of the petition. The High Court, after hearing counsel for both sides, dismissed the petition, upholding the Tribunal's order. The court found no error in the Tribunal's reasoning that the respondent had acquired deemed confirmation and that the termination without following due process was illegal. The petition was dismissed, and the Tribunal's order was confirmed.
Headnote
A) Service Law - Deemed Confirmation - Section 5(2) read with Section 2(24A) of Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977 - The School Tribunal held that the respondent No.1, appointed as Shikshan Sewak for three years from 01.07.2000 to 30.06.2003 and continued beyond, acquired deemed confirmation upon completion of three years continuous service on 30.03.2003. The termination orders dated 18.09.2006 and 26.06.2007 were declared illegal and void. The High Court upheld the Tribunal's order directing reinstatement without backwages but with continuity of service. (Paras 1-3)
Issue of Consideration
Whether the School Tribunal correctly held that the respondent No.1 acquired deemed confirmation in service under Section 5(2) read with Section 2(24A) of the MEPS Act upon completion of 3 years continuous service as Shikshan Sewak, and whether the termination orders were illegal.
Final Decision
The writ petition is dismissed. The order of the School Tribunal dated 16.08.2008 is confirmed.
Law Points
- Deemed confirmation under Section 5(2) read with Section 2(24A) of MEPS Act
- Termination without inquiry illegal
- Reinstatement without backwages but with continuity
