Case Note & Summary
The petitioner, Sahebdas Sakharam Borkar, was initially appointed as an untrained graduate teacher on 17 June 1986 at a school run by the Maharashtra Rural Education Society. He later obtained training qualification on 20 May 1994. However, on 22 June 1994, he accepted a fresh appointment as a Junior College Lecturer on a purely temporary basis for the academic session from 17 June 1994 to 30 April 1995. His services were terminated on 26 July 1995. The petitioner challenged the termination before the School Tribunal, Nagpur, which dismissed his appeal on 8 December 2008. The Tribunal held that the petitioner's acceptance of the temporary appointment as Junior College Lecturer constituted a waiver of his right to the post of Assistant Teacher. Additionally, the Deputy Director of Education had rejected approval for the petitioner's appointment as Junior College Lecturer because he lacked the qualifications prescribed in Schedule B of the Maharashtra Employees of Private Schools (Conditions of Service) Rules, 1981. The High Court, in its judgment dated 12 April 2017, upheld the Tribunal's decision. The Court found that the petitioner had voluntarily accepted the temporary appointment and thereby waived his rights to the earlier permanent post. The Court also noted that the petitioner had not placed the initial appointment order on record, and the appointment order dated 8 August 1987 showed that he was appointed on a purely temporary basis for the academic session 1987-88. The High Court dismissed the writ petition, affirming the termination.
Headnote
A) Service Law - Termination - Waiver of Rights - Maharashtra Employees of Private Schools (Conditions of Service) Rules, 1981 - The petitioner, initially appointed as an untrained graduate teacher, accepted a fresh temporary appointment as Junior College Lecturer for a specific period. The School Tribunal held that this constituted a waiver of his right to the post of Assistant Teacher. The High Court upheld this finding, stating that the petitioner voluntarily accepted the new appointment and thus relinquished his earlier rights. (Paras 2-4)
B) Service Law - Qualifications - Junior College Lecturer - Schedule B, MEPS Rules - The Deputy Director of Education rejected approval of the petitioner's appointment as Junior College Lecturer on the ground that he did not possess the requisite qualifications as per Schedule B of the MEPS Rules. The High Court noted that the petitioner's appointment was purely temporary and for a limited period, and the rejection of approval did not affect the validity of the termination. (Paras 2-3)
Issue of Consideration
Whether the petitioner's acceptance of a temporary appointment as Junior College Lecturer constituted a waiver of his right to the post of Assistant Teacher, and whether the termination of his services was valid.
Final Decision
The High Court dismissed the writ petition, upholding the School Tribunal's judgment and the termination of the petitioner's services.
Law Points
- Waiver of rights
- Temporary appointment
- Termination of service
- School Tribunal jurisdiction
- MEPS Rules 1981
Case Details
2017 LawText (BOM) (04) 114
Writ Petition No.3292 of 2009
Shri P.N. Shende for Petitioner; Ms Prachi Joshi holding for Shri G.N. Khanzode for Respondent Nos.1 and 2; Shri K.L. Dharmadhikari, Assistant Government Pleader for Respondent Nos.3 and 4
Maharashtra Rural Education Society, Lakhandur; The Headmaster, Dr. Babasaheb Ambedkar Vidyalaya & Jr. College, Lakhandur; The Education Officer (Sec.), Zilla Parishad, Bhandara; Deputy Director of Education, Nagpur Division, Nagpur
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Nature of Litigation
Writ petition challenging the order of the School Tribunal dismissing the appeal against termination of service.
Remedy Sought
The petitioner sought to quash the termination order and the School Tribunal's judgment, and to be reinstated with continuity of service.
Filing Reason
The petitioner was terminated from the post of Assistant Teacher, and his appeal before the School Tribunal was dismissed.
Previous Decisions
The School Tribunal dismissed Appeal No.STN/252/1995 on 8 December 2008, holding that the petitioner had waived his right to the post of Assistant Teacher by accepting a temporary appointment as Junior College Lecturer.
Issues
Whether the petitioner's acceptance of a temporary appointment as Junior College Lecturer constituted a waiver of his right to the post of Assistant Teacher.
Whether the termination of the petitioner's services was valid.
Submissions/Arguments
The petitioner argued that he was initially appointed as an untrained graduate teacher and later obtained training, entitling him to regularization under Rule 6 of the MEPS Rules read with Government Resolution dated 10 February 1994.
The respondents contended that the petitioner accepted a fresh temporary appointment as Junior College Lecturer, thereby waiving his rights to the earlier post, and that the termination was valid.
Ratio Decidendi
The acceptance of a fresh temporary appointment for a specific period constitutes a waiver of the right to a previous permanent post, and the termination of such temporary appointment upon expiry of the period is valid.
Judgment Excerpts
The School Tribunal records the finding on a preliminary issue that the appointment of the petitioner as untrained graduate teacher on 17-6-1986 was legal and valid, but ultimately dismisses the appeal challenging the termination, holding that the petitioner was appointed afresh on 22-6-1994 as Junior College Lecturer for a period from 17-6-1994 to 30-4-1995, i.e. on purely temporary basis for a specific period of one academic session.
It further holds that in view of this event, the petitioner himself has waived his right to the post of Assistant Teacher.
Procedural History
The petitioner was appointed as Assistant Teacher on 17 June 1986. He obtained training on 20 May 1994. On 22 June 1994, he accepted a temporary appointment as Junior College Lecturer for the academic session 1994-1995. His services were terminated on 26 July 1995. He filed Appeal No.STN/252/1995 before the School Tribunal, Nagpur, which was dismissed on 8 December 2008. He then filed Writ Petition No.3292 of 2009 before the Bombay High Court, Nagpur Bench, which was dismissed on 12 April 2017.
Acts & Sections
- Maharashtra Employees of Private Schools (Conditions of Service) Rules, 1981: Rule 6, Schedule B
