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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
ANAND SHARMA
Jain Shiksha Samiti – Appellant
Versus
Madhu Sudan Sharma S/o Shri Kunji Lal Sharma – Respondent
| Table of Content |
|---|
| 1. service termination must follow mandated procedures. (Para 1 , 2 , 3) |
| 2. legality of termination questioned on procedural grounds. (Para 4 , 5 , 6) |
| 3. tribunal's findings challenged based on misinterpretation. (Para 8 , 9 , 10) |
| 4. the burden of proof lies with the management. (Para 11 , 12 , 13) |
| 5. mandatory compliance in termination requires concrete evidence. (Para 14 , 15 , 16 , 17) |
| 6. statutory provisions for employee termination are strict. (Para 19 , 20 , 21) |
| 7. writ petition dismissed; compliance ordered. (Para 22 , 23 , 24) |
ORDER :
1. This writ petition has been filed by the petitioner, feeling aggrieved by judgment dated 23.11.2002 passed by the Rajasthan Non-Government Educational Institutions Tribunal, Jaipur whereby termination order dated 11.03.2000 passed by the petitioner-Institution for terminating services of respondent No.1 has been quashed and set aside with relief of reinstatement along with all consequential benefits.
2. Brief facts of the case are that the respondent No.1 was appointed on 09.02.1994 as Teacher in Jain Higher Secondary School, Tijara, which was being run by Jain Shiksha Samiti, Tijara. Earlier, when probation period of the respondent
Termination of services must comply with statutory requirements of notice or salary in lieu, and failure to do so renders the order illegal.
Prior approval from the Director of Education is mandatory for the termination of employees in recognized institutions, emphasizing the importance of due process and adherence to statutory provisions....
Termination of service in recognized institutions requires compliance with statutory provisions, including notice and inquiry, regardless of the employee's appointment status.
The court affirmed that all employees, including those on temporary contracts, are entitled to protections under Section 18 of the Act, requiring notice and approval for termination.
Termination of an employee under the Rajasthan Non-Government Educational Institutions Act requires prior approval from the Director of Education, ensuring procedural safeguards are followed.
Termination orders must be communicated to be effective; failure to do so renders them invalid, affirming the statutory rights of employees to their positions and benefits.
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 main legal point established in the judgment is that the prior approval of the Director of Education is mandatory for the termination/removal of an employee of a recognized institution under Sect....
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