Case Note & Summary
The petitioners, Millat Education Society and Ishrat Reyaz, challenged the rejection of approval for the employment of petitioner No.2 as a Peon by the Education Officer on 19 October 2006. Petitioner No.2 was appointed on 13 June 2006 to fill a vacancy caused by the death of Shakeel Ahmad Nazmuddin, whose name had been notified under Section 3(2) of the Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977 (MEPS Act) and accepted by the Deputy Director of Education on 9 January 2006. Prior to this appointment, a Government Resolution dated 25 November 2005 had declared one of the three Peon posts as surplus. The Education Officer rejected approval on the ground that the number of Peon posts had reduced from three to two. The petitioners argued that the protection under Section 3(2) of the MEPS Act applies to the notified employee, not the post, and therefore petitioner No.2, appointed against the vacancy of a notified employee, should be protected, with the surplus declaration affecting other non-notified employees. The respondent Education Officer contended that protection is to the persons notified, not to posts. The court examined Section 3(2) of the MEPS Act and held that the protection applies to the employee whose name is notified, not to the post. Since Shakeel Ahmad Nazmuddin was a notified employee, the vacancy caused by his death was a notified vacancy, and petitioner No.2, appointed to that vacancy, was entitled to protection. The court allowed the petition, quashed the rejection order, and directed the Education Officer to grant approval to petitioner No.2's employment.
Headnote
A) Service Law - Private School Employment - Protection under Section 3(2) of MEPS Act - The protection under Section 3(2) of the Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977 applies to the employee whose name is notified by the management and accepted by the Deputy Director of Education, not to the post itself. The court held that the petitioner No.2, appointed against a vacancy caused by death of a notified employee, was entitled to protection, and the surplus declaration should affect other non-notified employees. (Paras 1-3)
Issue of Consideration
Whether the protection under Section 3(2) of the Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977 applies to the post or to the employee whose name is notified
Final Decision
The court allowed the writ petition, quashed the order dated 19 October 2006, and directed the Education Officer to grant approval to the employment of petitioner No.2 as peon with effect from the date of his appointment, with all consequential benefits.
Law Points
- Protection under Section 3(2) of MEPS Act applies to employees whose names are notified
- not to posts
- Surplus declaration does not affect employment of a person appointed against a notified vacancy
