Illegal termination of long-serving teacher without inquiry mandates reinstatement with full backwages, despite temporary initial appointment; denial on unsubstantiated strained relations grounds impermissible.

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 are its trustees and office bearers and constitute the “Management” within the meaning of Section 2(12) of the Maharashtra Employees of Private Schools (Conditions of Service) Act, 1977 (for short “MEPS Act”). Respondent No.7 is a recognized unaided secondary school where Petitioner was appointed as Assistant Teacher.

2.3. In the year 2011, Respondent No.7 – School had a vacancy of the Teacher for the subjects of Science and Mathematics. Petitioner was duly appointed as Assistant Teacher by Appointment Order dated 12.08.2011 for the period from 20.06.2011 to 30.04.2012. She joined service on 20.06.2011 and commenced her teaching duties from 21.06.2011.

2.4. Though the initial appointment was for eleven months, services of Petitioner were continued uninterrupted from June 2011 till March 2019 without any break by the Respondent No.1. She was paid regular monthly salary throughout including salary for the month of May from 2012 onwards thereby evidencing her continuous service without any break.

2.5. During her tenure, Petitioner discharged duties of teaching Science and Mathematics and was entrusted with statutory responsibilities. Her name was registered with the Employees’ Provident Fund Organisation and EPF contributions were regularly deducted and deposited by Respondent No.1. She was also appointed as Examiner, Invigilator and Moderator by the Maharashtra State Board of Secondary and Higher Secondary Education from 2013 till 2019 for examination conducted by the Board.

2.6. Petitioner participated in various government-mandated surveys, workshops and training programmes conducted by the Education Department and local authorities in her capacity as Assistant Teacher of Respondent No.7 – School.

2.7. In the year 2018, after reconstitution of the Management Committee and upon Respondent No.5 assuming charge as Secretary, Petitioner was subjected to interference in discharge of her duties and was prevented from attending work. She issued a legal notice dated 18.12.2018 seeking permission to resume work. Subsequently, she was orally restrained from attending the School.

2.8. On 12.03.2019, Petitioner received a termination notice dated 06.0