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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
MILIND N.JADHAV
Namrata Ramchandra Zagade – Appellant
Versus
Gujrati Shikshan Pracharak Mandal, Pune – Respondent
JUDGMENT :
MILIND N. JADHAV, J.
1. Present Petition impugns judgment dated 01.02.2022 passed by the School Tribunal, Pune whereby Appeal filed by Appellant (Petitioner herein) against her termination dated 06.03.2019 was partially allowed declaring her termination as illegal. Respondent No.1 – Management was directed to pay six months salary as compensation to Petitioner in lieu of reinstatement within a period of 30 days.
2. Briefly stated, present dispute pertains to illegal termination of service of Petitioner who was appointed as Assistant Teacher in Respondent No.7 – School and who rendered uninterrupted service for more than nine years prior to her termination dated 06.03.2019.
2.1. Petitioner is duly qualified, holding degrees of Bachelor of Science (B.Sc.) and Bachelor of Education (B.Ed.) with specialization in Science and Mathematics and was eligible to be appointed as a trained Teacher for secondary classes in terms of Rule 6 read with Schedule ‘B’, Clause 3 of the Maharashtra Employees of Private Schools Rules, 1981 (for short “MEPS Rules”).
2.2. Respondent No.1 is a Minority Educational Society registered under the Maharashtra Public Trusts Act, 1950. Respondent Nos.2 to 6
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....
The withdrawal of an appeal does not necessarily constitute abandonment of the claim, especially when the employee consistently seeks to challenge the termination, and due process must be followed in....
Wrongful termination without employee fault, later quashed, entitles full back wages for absence period and ACP increments with service continuity, rejecting 'no work no pay' where employee willing b....
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 ....
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