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2014 Supreme(Bom) 358

R.K.DESHPANDE
Abdul Rafique Abdul Hamid – Appellant
Versus
Yavatmal Islamia Anglo Urdu Education Society – Respondent


Advocates:
Advocate Appeared:
For the Petitioner:Muhammed Ateeque, Advocate.
For the Respondents:R1 to R3, A.J. Thakkar, M.R. Joharapurkar, Advocate.

Oral Judgment:

1. The School Tribunal, Amravati, by its judgment and order dated 7-7-2001, has dismissed Appeal No. 201 of 1992A filed under Section 9 of the Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977 (“MEPS Act”), by the petitioner challenging his oral termination dated 29-9-2012 from service as an Assistant Teacher in the School run by the respondent No.1-Society.

2. The School Tribunal has recorded the finding that the appointment of the petitioner was made on temporary year to year basis and it was terminated by an order dated 28-5-1992 and after termination, the petitioner has worked only for 10 days occasionally. It has been held that the appointment of the petitioner was to teach Standards IXth and Xth which were not recognized and hence, he was not entitled to the benefit of Section 5(1) and (2) of the MEPS Act to treat his appointment on 24-6-1991 as on probation.

3. The undisputed factual position is as under:

The petitioner was initially appointed by an order dated 3-10-1989 as an untrained teacher w.e.f. 5-10-1989. By another order dated 17-7-1990, the petitioner was appointed on purely temporary basis up to the end of academ





























































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