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2014 Supreme(Bom) 1036

R.K.DESHPANDE
Nagpur Shikshan Mandal, through its Secretary – Appellant
Versus
Varsha Vinod Sayam – Respondent


Advocates Appeared:
For the Petitioners:S.S. Ghate, Advocate.
For the Respondents:R1, P.N. Shende, Advocate, R2, M.N. Hiwase, AGP.

JUDGMENT

1. Rule. Heard finally by consent of the learned counsels appearing for the parties.

2. The challenge in this petition is to the judgment and order dated 21-10-2013 passed by the School Tribunal, Nagpur, allowing Appeal No.STN/05/2013 filed by the respondent No.1 under Section 9 of the Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977 (“MEPS Act”) challenging her termination from service by an order dated 31-10-2012. The School Tribunal has set aside the order of termination, and the petitioners are directed to reinstate the respondent No.1 in service as Part Time Teacher with continuity. The relief of full back wages has been denied.

3. The controversy before the School Tribunal was whether the respondent No.1, who was appointed as a Part Time Teacher on 22-9-2003, to teach the Junior College classes, acquired the status of a permanent employee, and, therefore, she was entitled to a protection in service, as contemplated under Rule 26 of the Maharashtra Employees of Private Schools (Conditions of Service) Rules, 1981 (“MEPS Rules”) while retrenching her on account of abolition of post by an order dated 31-10-2012 with effect from 1-11-20


















































































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