Case Note & Summary
The appellant, Ku. Vandana Pandurang Patle, was appointed as a teacher by Kalpana Shikshan Sanstha, a private school, in 1992-93. The appointment was for a clear and permanent vacancy, and she belonged to the OBC category. She served during the academic years 1992-93 and 1994-95, but not in 1993-94. On 30.3.1995, her services were terminated. She appealed to the School Tribunal, which, by judgment dated 19.2.1997, set aside the termination and ordered reinstatement, relying on Rule 9(9)(a) of the Maharashtra Employees of Private Schools (Conditions of Service) Rules, 1981, and the fact that she had completed three years of service, inferring proper selection and right to the post. The management challenged this before a Single Judge of the Bombay High Court in Writ Petition No. 861/97, which was allowed on 16/18 March 2009. The Single Judge found insufficient material to apply Rule 9(9)(a) and noted that the appellant had not worked in 1993-94, thus not completing continuous service. The appellant then filed the present Letters Patent Appeal. The Division Bench heard the parties and perused the School Tribunal's judgment. The appellant argued that her initial appointment was on probation, and after two years of service, she attained permanency under Rule 9(9)(a), making the termination without departmental enquiry illegal. The management contended that the appointment was not on probation and that the appellant had not completed the requisite service. The court held that the appellant had put in three years of service from 1992-93 onwards, and under Rule 9(9)(a), an inference of proper selection and right to the post arises. The termination without enquiry was unsustainable. The court allowed the appeal, set aside the Single Judge's order, and restored the School Tribunal's judgment, directing reinstatement with continuity of service and 50% back wages.
Headnote
A) Service Law - Deemed Confirmation - Rule 9(9)(a) of Maharashtra Employees of Private Schools (Conditions of Service) Rules, 1981 - The appellant, appointed as an OBC candidate after proper selection, served from 1992-93 to 1994-95. The School Tribunal inferred proper selection and right to post based on three years' service and Rule 9(9)(a), granting reinstatement. The Single Judge reversed, finding insufficient material. The Division Bench held that the appellant's continuous service of three years, including probation, leads to an inference of proper selection and deemed confirmation, and termination without enquiry is unsustainable. (Paras 2, 5, 7)
Issue of Consideration
Whether the appellant, having completed three years of service from 1992-93 onwards, is deemed to have been properly selected and confirmed under Rule 9(9)(a) of the 1981 Rules, rendering her termination without departmental enquiry illegal.
Final Decision
Appeal allowed. Order of Single Judge dated 16/18 March 2009 set aside. Judgment of School Tribunal dated 19.2.1997 restored. Appellant entitled to reinstatement with continuity of service and 50% back wages.
Law Points
- Rule 9(9)(a) of Maharashtra Employees of Private Schools (Conditions of Service) Rules
- 1981
- deemed confirmation after two years of probation
- inference of proper selection from three years of service
- termination without enquiry invalid
