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SANDEEP V. MARNE
Dyanganga Bal Vikas Mandal – Appellant
Versus
Anita Vithalrao Shinde – Respondent
JUDGMENT/ORDER
1. Petitioner-Management has fled this petition challenging Judgment and Order dtd. 12/2/2018 passed by the Presiding Officer, School Tribunal, Solapur partly allowing the Appeal fled by Respondent No.1. The School Tribunal has set aside the termination order dtd. 10/11/2012 and has directed the PetitionerManagement to reinstate her in original post with continuity of service and full backwages. The Tribunal has further directed the PetitionerManagement to follow the provisions of Rule 26 of the Maharashtra Employees of Private Schools (Conditions of Service) Rules, 1981 (the Rules of 1981) and report the compliance in respect of initiation of process under Rule 26 to the Tribunal.
2. Briefly stated, facts of the case are that Petitioner No.1 is a Public Charitable Trust registered under the provisions of Maharashtra Public Trusts Act, 1950 as well as a Society registered under the provisions of the Societies Registration Act, 1860. The Trust runs a School by name, Parvatibai Nananaware High School at Khandali, Taluka-Malshiras, District-Solapur. By letter dtd. 28/9/2004, the Education Officer (Secondary) Zilla Parishad, Solapur sanctioned one additional division for
The requirement of prior approval from the Education Officer for retrenchment under Rule 26 of the Maharashtra Employees of Private Schools (Conditions of Service) Rules, 1981 is mandatory, and failu....
Explicitly temporary fixed-term appointment for academic years, even against permanent vacancy, not deemed probationary under Section 5(2); no confirmation after two years; terminates automatically s....
The main legal point established in the judgment is that the acceptance of an employee's resignation within a specified period is mandatory under Rule 114A of the Delhi School Education Rules, 1973, ....
Point of Law - In view of the above provisions of the Act, 1972 it emerges that due to fault of the management of the School the petitioner cannot be penalized by not granting the protection under Se....
Clear communication is essential for resignation acceptance; failure to do so renders termination illegal.
Employers must follow mandatory disciplinary procedures and statutory due process before terminating an employee. When continuous service is established, an employer cannot unilaterally terminate wit....
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 ....
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