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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
RAVINDRA V.GHUGE, ABHAY J.MANTRI
Vile Parle Kelavani Mandal – Appellant
Versus
State Of Maharashtra – Respondent
| Table of Content |
|---|
| 1. chronology of suspension, termination, tribunal reinstatement order. (Para 1 , 2 , 3 , 4 , 5 , 6) |
| 2. sole issue: back wages liability on management or state. (Para 7) |
| 3. tribunal exonerated teacher, ordered reinstatement with back wages. (Para 8 , 9 , 10 , 11) |
| 4. tribunal clause directs management to pay back wages. (Para 12) |
| 5. state reimburses back wages for unfilled grant-in-aid post. (Para 13 , 14 , 15 , 17) |
| 6. suspension relief claim deferred to separate proceedings. (Para 16) |
| 7. precedents on suspension allowances and back wages liability. (Para 18 , 19 , 20 , 21 , 22 , 23 , 24) |
| 8. wrongdoer management liable for full back wages. (Para 25 , 26) |
| 9. petition dismissed; management pays residual back wages. (Para 27 , 28 , 29 , 30 , 31) |
JUDGMENT :
RAVINDRA V. GHUGE, J.
1. Rule. Rule made returnable forthwith and heard finally by the consent of the parties.
2. Petitioner Nos.1 and 2 are the Chairman and Secretary of the same Education Society. Petitioner No.3 is the College in which Respondent No.5, was working as an Assistant Teacher.
3. The sequence of dates and events are summarized as under :-
(a) Respondent No.5 was appointed as a probationer Teacher vide an appointment
Management liable for full back wages on reinstatement after quashing its illegal termination via faulty, biased enquiry; state not liable for reimbursement without involvement in disciplinary proces....
The court clarified the application of Rule 35(3) of the Maharashtra Employees of Private Schools (Conditions of Service) Rules, 1981, in determining the revocation of suspension and payment of suspe....
The principle of 'No Work, No Pay' cannot be invoked when an employee is willing to work but is kept out due to the actions of the employer, which were ultimately declared illegal by judicial orders.
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 ....
Illegal termination of long-serving teacher without inquiry mandates reinstatement with full backwages, despite temporary initial appointment; denial on unsubstantiated strained relations grounds imp....
The court held that under Section 8(4) of the DSE Act, a suspension order lapses if not approved by the Directorate of Education within 15 days, thus mandating procedural protections for educational ....
A government servant reinstated after dismissal is entitled to full back wages unless delays in disciplinary proceedings are attributable to them.
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