2023:BHC-AS:24708 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 11554 OF 2022 Janabai Nivrutti Saune Age : 31 years, Occu. Service R/at : At Post – Vadhu Bk., Taluka – Shirur, District-Pune 412216 ...Petitioner Versus

1. Dharmveer Shambhuraje Shikshan Prasarak Mandal, Vadhu Budruk, Through it’s President / Secretary at Post Vadhu Budruk, Taluka Shirur, District Pune-412216

2. Head Master Sharadchandraji Pawar Madhyamik Vidyalaya at Post Vadhu Budruk, Taluka Shirur, District Pune-412216

3. The Education Officer (Secondary)

Pune Zilla Parishad, Pune Somwar Peth, Pune-411 011.

4. The Deputy Director of Education Department of Education (Secondary)

Yashwantrao Chavan Bhawan (Old Building)

Pune Zilla Parishad, Somwar Peth, Pune-411001.

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Mr. Rahul S. Kadam for the Petitioner.

Mr. Kuldeep U. Nikam, a/w. Om N. Latpate for Respondent Nos.1 & 2.

Mr. P. P. Pujari, AGP for Respondent Nos. 3 & 4.

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CORAM : SANDEEP V. MARNE, J.

RESERVED ON : 22 AUGUST 2023. PRONOUNCED ON : 25 AUGUST 2023.

JUDGMENT:

1. Rule.

2. Rule is made returnable forthwith. With the consent of parties, petition is taken up for final hearing.

3. Petitioner is aggrieved by the judgment and order dated 06 January 2022 passed by the Presiding Officer, School Tribunal, Pune (Tribunal). Petitioner had challenged order dated 01 February 2020 terminating her service w.e.f. 06 February 2020 in her Appeal No.14 of 2020 before the Tribunal. The Tribunal has proceeded to allow the appeal holding that Petitioner’s termination was against the provisions of law. However instead of granting reinstatement, the Tribunal has directed the management to pay 6 months’ salary to her in lieu of compensation as per Section 11 of the Maharashtra Employees of Private Schools (Conditions of Service) Regulations Act 1977 in addition to costs of Rs.10,000/-. Petitioner is aggrieved by the judgment and order of the Tribunal to the extent of denial of relief of reinstatement in service.

4. Briefly stated, facts of the case are that Petitioner holds educational qualification as H.S.C., D.Ed. She belongs to Special Backward Class (S.B.C.) category. An advertisement was issued by the respondent management for filling up the post of Assistant Teacher on 29 February 2012. Petitioner applied in pursuance of the advertisement and came to be selected and appointed on the post of Assistant Teacher vide order dated 01 January 2013.

5. Shortly after appointment of Petitioner, two more Assistant Teachers Vede Shahaji Baban and Bhandare Sharad Subhash were appointed as Assistant Teachers on 01 March 2013. The Education Officer (Secondary), Zilla Parishad, Pune granted approval to petitioner’s appointment vide order dated 17 July 2014. By the same order, approval was also granted to appointment of other two teachers Vede Shahaji Baban and Bhandare Sharad Subhash.

6. Petitioner’s services were terminated on 08 August 2017 on account of cancellation of approval by the Education Officer vide letter dated 01 August 2017. She challenged the termination order by filing appeal No.06 of 2018 before the Tribunal. The appeal was partly allowed setting aside the termination order and directing respondent management to reinstate her in service. Petitioner was accordingly reinstated in service.

7. It appears that a letter was issued to Petitioner on 15 November 2019 giving her an intimation that she was rendered surplus in accordance with sanctioned strength approved for the year 2015-16 to 2018-19. Accordingly, termination order dated 01 August 2020 was issued to Petitioner terminating her service with effect from 06 February 2020 on the ground that one post of Assistant Teacher for 5^th Standard was reduced in the approved sanctioned strength of the school for the year 2015-16 to 2018-19 and the post held by the Petitioner against S.B.C. reservation was rendered surplus.

8. Petitioner challen