JUDGMENT:- By this petition under Article 226 of the Constitution of India, the Petitioner challenges the judgment and order dated 13-12-2002 delivered by the Presiding Officer, School Tribunal, Mumbal in Appeal No.MUM/26/1995. By this judgment and order, the Tribunal has dismissed the Petitioner's Appeal challenging the order of Termination dated 29-3-1995 issued by Respondent Nos.1 to 5 before me.

2. The Petitioner filed the above Appeal invoking the jurisdiction of the School Tribunal under Section 9 of the Maharashtra Employees of Private Schools (Conditions of Service) Act, 1977 (M.E.P.S Act for short).

3. Petitioner's case is that she was appointed by the Management on 20-7-1993 as an Assistant Teacher. The order of appointment, copy of which is at Exhibit D to the petition, sets out the pay scale and contains a stipulation that the appointment is purely on probation for two years subject to approval from the Education Department. It is her case that during the period of probation, her work and performance was found satisfactory. She never received any Memo or Warning. Her services were therefore protected in terms of the M.E.P.S Act.

4. The Petitioner has annexed to the petition, copy of the letter dated 28-2-1995 by which a Memo was issued to the Petitioner for her alleged misconduct. She has also referred to her reply to the said Memo forwarded in writing on 7-3-1995. She has then referred to a communication dated 18-3-1995, to which she replied on 25-3-1995 in writing. She submits, that she was harassed mentally by the Management. She has also referred to her letter dated 3-9-1995 addressed by her to the Chairman of the Institute recording therein the harassment and ill-treatment to her. She has then referred to the Termination order dated 29-3-1995.

5. For the purpose of appreciating the rival contentions it would be appropriate if the termination order is reproduced at this stage itself. It reads thus:

"TERMINATION ORDER

Date: 29-3-2005

To,

Mrs. Nilambari D. Pawar

Asst. Teacher (Probationary Period)

Parijat High School,

Jogeshwari ( E),

Mumbai-400 060.

Madam,

I am instructed by the Management to inform you that your services in this school are terminated with effect from 12th June, 1955 under Section 5(3) M.E.P.S.C. conditions of service) Regulation Act, 177.

As your services were as probationary, you were on probation for two years period as your appointment i.e. 20-7-1993 and during these period your work was found not satisfactory. Your behaviour with the superiors was in subordinate. Your behaviour in the school was also indisciplined. Hence the Management of the School is not desirable to continue you in service of the school any more.

THEREFORE YOUR SERVICES AS AN ASST. TEACHER IN THE SCHOOL ARE HEREBY TERMINATED WITH EFFECT FROM 12TH JUNE, 1995 UNDER SECTION 5(3) M.E.P.S. (CONDITIONS OF SERVICE) REGULATION ACT 1977).

You are entitled for salary upto the date 12th June, 1995. Kindly therefore return all the books and the articles Science materials, fee of the Laboratories, tuition fee of the students and all other materials given to you by the School which are in your possession to the Headmaster of the School on the last day of April, 1995.

Yours faithfully,

(Dr. H. B. HOSKAR)

President

SHIKSHAN PRASARAK SANSTHA."

6. According to the Petitioner, she approached the Tribunal challenging the above order in the facts and circumstances referred to above.

7. The Management resisted her Appeal and contended that the Petitioner was appointed on probation and during the said period her work was not satisfactory. Her behaviour with her superiors and the students of the Schoo

Click Here to Read the rest of this document