The principle of common seniority as prescribed in Rules 27(d) and (e) of the Maharashtra Employees of Private Schools (Conditions of service) Regulation Rules, 1981 must be followed while effecting termination under Rule 25A of the Rules.

JUDGMENT :

1. Heard Mr. J.T. Gilda, learned Senior Counsel for the petitioners, Mr. V.A. Kothale, learned Counsel for respondent 1 and Mr. S.M. Ukey, learned Additional Government Pleader for respondent 2.

2. Rule. Rule made returnable forthwith. With consent, the petition is heard finally.

3. Petitioner 1 is a registered Public Trust, which administers petitioner 2-school (petitioners shall be collectively referred to as “the management”).

4. The management is assailing the judgment and order dated 01-4-2022 rendered by the Presiding Officer, School Tribunal, Amravati (Tribunal) in Appeal 12/2020, whereby the appeal preferred by respondent 1 (employee) is partly allowed, the notice of termination dated 16-4-2019 is set aside, the employee is deemed to be in continuous service from 16-7-2019 and is held entitled to all service benefits excluding the benefit of earned leave, the management is directed to pay full back-wages to the employee from 16-7-2019 till the date of judgment, the management is directed to follow the procedure contemplated in Rule 27(d) and (e) read with Rule 25A of the Maharashtra Employees of Private Schools (Conditions of service) Regulation Rules, 1981 (Rules) and the employee is held entitled to full salary from 02-4-2022 till the compliance of the directions supra.

5. PLEADINGS IN APPEAL 12/2020 :

(i) The employee approached the Tribunal challenging the termination notice dated 16-4-2019 made effective from 16-7-2019 purporting to terminate her from the post of Assistant Teacher.

(ii) The employee holds qualifications B.Sc. B.Ed. and was appointed as Assistant Teacher in clear and permanent vacancy by following the due recruitment process vide order dated 13-9-2001. The Education Officer approved the services of the employee.

(iii) The management administers the Golden Kids English/ Marathi High School, Amravati, which imparts instructions in English, Marathi and Semi-English medium.

(iv) The management did not pay the employee salary in accordance with the Rules and she along with her colleagues preferred Writ Petition 4172/2017. Writ Petition 7979/2017 was preferred against the management seeking service benefits like maintenance of common seniority of teachers in the schools administer by the management.

(v) During the pendency of the writ petitions supra, the notice of termination impugned was issued which the employee challenged by preferring Civil Application 2757/2019 in Writ Petition 7979/2017, which application the High Court disposed of vide order dated 15-10-2019 reserving liberty to challenge the termination before the appropriate forum.

(vi) Recognition was granted to the management to administer the Golden Kids High School from 1997-98 on permanent no grant-in-aid basis for imparting instructions in English medium parallelly with Marathi medium from standard 5th to 10th.

(vii) Hoping to receive grant-in-aid in future, the management submitted proposal dated 13-4-2007 to the Education Department for converting the Marathi medium classes from permanent no grant-in-aid basis to no grant-in-aid basis and for grant of permission to appoint independent Headmaster. In response to the said proposal, the Education Department issued communication dated 28-11-2007 permitting appointment of independent Headmaster for the Marathi medium classes, subject to certain conditions.

(viii) On the basis of the communication dated 28-11-2007 the management took a stand that there are two segments i.e. English medium and Marathi medium and, therefore, two separate schools.

(ix) The employee contends that in response to protests by the teachers in the Marathi medium segment, the Education Officer conducted an enquiry and held that the management is required to maintain a common seniority list.

(x) The employee came to be appointed on 18-6-2001, and admittedly at the relevant time, even according to the management, the same school was imparting instructions partially in English medium and partially in Marathi medium for standa