Case Note & Summary
The judgment arises from two writ petitions challenging the order of the School Tribunal, Amravati, dated 8.7.2008 in Appeal No.25/1998. The first petition (WP 3364/2008) was filed by Vilas Laxman Gavai, a Laboratory Attendant, who was appointed as Peon on 2.7.1993 and later claimed that respondent no.1 (Dnyandeo Uttamrao Dhandar) was illegally appointed as Laboratory Attendant. The second petition (WP 4434/2008) was filed by the management (Samrat Shikshan Prasarak Sanstha and Head Master) challenging the Tribunal's order reinstating Dhandar with back wages. The facts show that Dhandar was appointed as Laboratory Attendant on 1.10.1996, and his appointment was approved by the Education Officer on 12.12.1995 (though this date appears to be for Gavai's appointment). Dhandar's services were terminated on 30.6.1997 without any notice or inquiry. He filed an appeal before the School Tribunal, which held that his termination was illegal and directed his reinstatement with continuity of service and full back wages. The management and Gavai challenged this order. The High Court examined the validity of Dhandar's appointment and found that the Education Officer had granted approval, making the appointment valid. The court noted that Dhandar was a probationer and his termination without notice or inquiry violated Section 5 of the Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977. The court also rejected the argument that Dhandar was not a 'teacher' or that the post was not sanctioned, as the approval indicated otherwise. Regarding back wages, the court held that the Tribunal had discretion and found no reason to interfere, as the termination was illegal and Dhandar was willing to work. The petitions were dismissed, and the Tribunal's order was upheld.
Headnote
A) Service Law - Termination of Probationer - Validity of Appointment - Section 5 of Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977 - The respondent no.1 was appointed as Laboratory Attendant on 1.10.1996 and his appointment was approved by the Education Officer. His services were terminated on 30.6.1997 without notice or inquiry. The School Tribunal held the termination illegal and ordered reinstatement with continuity and back wages. The High Court upheld the order, finding that the appointment was valid and the termination was not in accordance with Section 5 of the MEPS Act. (Paras 2-6)
B) Service Law - Back Wages - Discretion of Tribunal - Section 5 of MEPS Act, 1977 - The School Tribunal granted full back wages from the date of termination till reinstatement. The High Court found no reason to interfere with the quantum of back wages as the termination was illegal and the employee was willing to work. (Paras 7-8)
Issue of Consideration
Whether the termination of respondent no.1 (Dnyandeo Uttamrao Dhandar) from the post of Laboratory Attendant was illegal and whether he is entitled to reinstatement with back wages.
Final Decision
Both writ petitions are dismissed. The order of the School Tribunal dated 8.7.2008 in Appeal No.25/1998 is upheld. Respondent no.1 is entitled to reinstatement with continuity of service and full back wages.
Law Points
- Termination of a probationer without notice or inquiry is illegal if the appointment was valid and the employee had completed probation period
- Section 5 of MEPS Act
- 1977
- School Tribunal's jurisdiction
- Reinstatement with back wages
Case Details
2017 LawText (BOM) (07) 163
WRIT PETITION NO.3364 OF 2008 WITH WRIT PETITION NO.4434 OF 2008
Shri A.Z. Jibhkate for Petitioner (in WP 3364/2008) and for Respondent No.3 (in WP 4434/2008); Shri V.A. Kothale for Respondent No.1 (in WP 3364/2008); Smt. S.W. Deshpande for Respondent Nos.2 & 3 (in WP 3364/2008) and for Petitioners (in WP 4434/2008); Shri H.D. Dubey, AGP for Respondent No.4 (in WP 3364/2008) and for Respondent No.2 (in WP 4434/2008); Shri P.S. Raut for Respondent No.1 (in WP 4434/2008)
Vilas Laxman Gavai (in WP 3364/2008) and Samrat Shikshan Prasarak Sanstha & Head Master (in WP 4434/2008)
Dnyandeo Uttamrao Dhandar, Samrat Shikshan Prasarak Sanstha, Head Master, Education Officer (Secondary) (in WP 3364/2008); Dnyandeo Uttamrao Dhandar, Education Officer (Secondary), Vilas Laxman Gawai (in WP 4434/2008)
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Nature of Litigation
Writ petitions challenging the order of the School Tribunal reinstating a Laboratory Attendant with back wages.
Remedy Sought
Petitioners sought to quash the School Tribunal's order dated 8.7.2008 which directed reinstatement of respondent no.1 with continuity and back wages.
Filing Reason
Petitioners contended that the appointment of respondent no.1 was illegal and that the Tribunal erred in granting back wages.
Previous Decisions
The School Tribunal, Amravati, in Appeal No.25/1998, held that the termination of respondent no.1 was illegal and ordered his reinstatement with continuity of service and full back wages.
Issues
Whether the appointment of respondent no.1 (Dnyandeo Uttamrao Dhandar) as Laboratory Attendant was valid?
Whether the termination of respondent no.1 without notice or inquiry was illegal?
Whether respondent no.1 is entitled to reinstatement with full back wages?
Submissions/Arguments
Petitioner in WP 3364/2008 (Vilas Gavai) argued that he was appointed as Peon on 2.7.1993 and that respondent no.1's appointment as Laboratory Attendant was illegal as the post was not vacant.
Petitioners in WP 4434/2008 (Management) argued that respondent no.1 was a probationer and his services were terminated during probation, and that the Tribunal erred in granting back wages.
Respondent no.1 argued that his appointment was approved by the Education Officer and his termination without notice or inquiry was illegal under Section 5 of the MEPS Act.
Ratio Decidendi
The appointment of respondent no.1 as Laboratory Attendant was valid as it was approved by the Education Officer. His termination without notice or inquiry was illegal under Section 5 of the Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977. The School Tribunal had discretion to award full back wages, and there was no reason to interfere.
Judgment Excerpts
The facts giving rise to the petitions may be stated in brief as under :
The contention of petitioner is that respondent no.1 was appointed on the post of Laboratory Attendant from 1.10.1996 and his appointment was approved by the Education Officer.
The School Tribunal held that the termination of respondent no.1 was illegal and directed his reinstatement with continuity and back wages.
Procedural History
Respondent no.1 (Dnyandeo Uttamrao Dhandar) was appointed as Laboratory Attendant on 1.10.1996. His services were terminated on 30.6.1997. He filed Appeal No.25/1998 before the School Tribunal, Amravati, which allowed the appeal on 8.7.2008, ordering reinstatement with continuity and back wages. The management and Vilas Gavai filed writ petitions in the High Court challenging this order. The High Court dismissed both petitions on 1.7.2017.
Acts & Sections
- Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977: Section 5
