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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
| Table of Content |
|---|
| 1. continuous qualified service creates factual permanency claim. (Para 1 , 2) |
| 2. illegal termination mandates reinstatement with continuity. (Para 3) |
| 3. temporary appointment without procedure denies permanency. (Para 4 , 5) |
| 4. termination without inquiry is illegal and stigmatic. (Para 6 , 7 , 8 , 9 , 10) |
| 5. speculative disputes insufficient to deny reinstatement. (Para 11 , 12) |
| 6. due process required for terminating permanent teachers. (Para 13 , 14 , 15) |
| 7. full backwages for illegal termination sans alternatives. (Para 16 , 17 , 18) |
| 8. immediate reinstatement and payment ordered. (Para 19 , 20 , 21 , 22) |
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
Illegal termination of long-serving teacher without inquiry mandates reinstatement with full backwages, despite temporary initial appointment; denial on unsubstantiated strained relations grounds imp....
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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