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Bombay High Court Upholds School Tribunal's Power to Set Aside Termination but Remands for Fresh Enquiry in Teacher Misconduct Case. Management's Challenge to Tribunal's Order Partly Allowed; Teacher's Cross-Petition for Reinstatement Dismissed.

The judgment arises from two cross-petitions: one by the management (Shri A.P.D. Jain Pathshala and Walchand College of Arts & Science) challenging th...

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Bombay High Court Allows Writ Petition of Retired Teacher Challenging Recovery of Gratuity and Salary. Recovery of Excess Payment from Class III Employee After Retirement Held Impermissible Under Principles of State of Punjab v. Rafiq Masih.

The petitioner, Laxman Sitaram Idde, was appointed as an Assistant Teacher in a Zilla Parishad Primary School on 20 January 1986. He was a District Aw...

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Bombay High Court Dismisses Employee's Writ Petition Challenging Termination for Unauthorized Absence and Misconduct. School Tribunal's order upheld as inquiry was fair and punishment proportionate under MEPS Act.

The petitioner, Abdul Shakil Shakil Ahamad, was employed as a Peon in 1989 and later promoted to Junior Clerk. He alleged that he was paid a meager co...

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Bombay High Court Dismisses Petition Seeking Higher Retirement Age for Assistant Director at Haffkine Institute. Recruitment Rules of Institute Not Binding on State Government; Age of Superannuation Governed by State Government Rules.

The Petitioner, Dr. Nishigandha Ramchandra Naik, was appointed as Assistant Director at the Haffkine Institute for Training Research and Testing, an a...

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Bombay High Court Dismisses Teacher's Petition for Reinstatement as Headmistress Due to Lack of Prior Approval from Education Authorities. Appointment Without Approval Under Section 5 of Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977 is Void Ab Initio.

The petitioner, Smt. Anupama Kishor Khanolkar, was appointed as an Assistant Teacher in respondent no.2 school on 12th June 1989. In July 1994, a vaca...

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Bombay High Court Dismisses Writ Petition of Headmistress Against Termination, Upholds School Tribunal's Order. Disciplinary Enquiry Under Maharashtra Employees of Private Schools (Conditions of Service) Rules Not Vitiated by Procedural Irregularity as Employee Failed to Nominate Her Representative.

The petitioner, Smt. Anupama Kishor Khanolkar, was appointed as an Assistant Teacher in Abhinav Vidya Mandir (English Medium) in 1989. In 1994, she wa...

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Bombay High Court Dismisses Management's Petition Challenging Reinstatement Order in Service Dispute. Enquiry Vitiated Due to Non-Supply of Statement of Allegations with Chargesheet Under MEPS Rules, 1981.

The petitioners, Gramin Shikshan Prasarak Mandal and its Secretary, filed a writ petition challenging the order of the School Tribunal which allowed t...

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Bombay High Court Dismisses Employee's Writ Petition and Allows Trust's Petition in Service Law Dispute Under MEPS Act. Appointment Without Prior Approval Under Section 5 of the MEPS Act is Void, and Termination of Such Employee Does Not Require Compliance with Section 7.

The judgment involves two cross writ petitions arising from a dispute between an employee, Shatrughan Dada Kamble, and the Academy of Fine Arts & Craf...