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IN THE JUDICATURE OF HIGH COURT AT BOMBAY BENCH AT AURANGABAD
ARUN R.PEDNEKER
Belapur Education Society, Through It’s President Shri. Pralhad Dnyandev Kolsepatil – Appellant
Versus
Girish Achutrao Paranjape – Respondent
JUDGMENT :
ARUN R. PEDNEKER, J.
1. Rule was granted on 08/02/2008. Heard finally.
2. By the present Writ Petition, the petitioners – Education Society challenge the order dated 07/01/2006 passed by the School Tribunal, Solapur in Appeal No.11 of 2004, whereby the Tribunal allowed the appeal filed by respondent No.1 – employee and directed the petitioners to reinstate respondent No.1 with back wages. The Tribunal further declared that the services of respondent No.1 shall be deemed to have been approved and that he shall be treated as confirmed upon completion of the probation period.
3. The brief facts leading to the filing of the present Writ Petition, as noticed by the Tribunal, are as follows:
Respondent No.1 – employee was initially appointed as a Clerk on 22/07/1996 after having obtained qualifications of B.A. and B.Com. During the course of his service, respondent No.1 improved his qualifications by passing the B.P.Ed. examination, thereby becoming eligible for appointment as an Assistant Teacher in terms of Rule 2(k) of the Maharashtra Employees of Private Schools (Conditions of Service) Rules, 1981.
4. Accordingly, by order dated 11/06/2001, the petitioners appointed respondent N
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....
Point of law: Reinstatement with full back wages is not automatic in every case, where termination/dismissal is found to be not in accordance with procedure prescribed under law and in circumstances ....
A temporary employee cannot claim permanence or reinstatement without valid appointment documentation under the MEPS Act, particularly if service is abandoned without proper leave.
The main legal point established in the judgment is the significance of documentary evidence and the management's decision in drawing reasonable judicial inferences regarding the appointment procedur....
Service Law - Appointment order issued by a person not authorized to do the same would be nullity and not an irregularity.
The main legal point established in the judgment is the importance of specific pleading and proof in claiming appointment against a reserved vacancy, and the legal implications of temporary appointme....
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....
The Education Officer's order cancelling the approval to the petitioner's appointment was illegal and led to the petitioner's wrongful termination, warranting the court's intervention and relief to t....
No order of absorption and/or regularisation even if required for creating supernumerary posts and not to treat the same as precedent could have been passed by the High Court in exercise of powers un....
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