CHOUDHARI MOHAMMAD SAMIUDDIN Vs. ZILLA PARISHAD

JUDGEMENT

(1.) THE petitioner has contended that he was appointed as Assistant Teacher in Zilla Parishad (Boys) High School, Paithan (District: Aurangabad), since 5-11-1984. His initial appointment was for a period of less than one year, but against a vacancy on permanent basis. The Chief Executive Officer, Zilla Parishad was vested with powers to make such temporary appointments because the Maharashtra Public Services (Subordinate) Regional Selection Board was not then functioning.

(2.) THE petitioner has further contended that as per the Maharashtra Zilla Parishads District Services (Recruitment) Rules, 1967, a person cannot be appointed on temporary basis for a period of less than one year. Whenever any appointment is to be made, it must be on probation for a period of one year and the Chief Executive Officer may extend the probation period, if he considers it necessary, so even if the petitioner was appointed as temporary teacher, for a period of less than one year, as he had worked against a substantive vacancy, it should be construed that he was deemed to be permanent because he had worked for a period of more than one year.

(3.) THE Chief Executive Officer by his order dated 27-1-1986 terminated services of the petitioner. This order of termination was outcome of various disputes the petitioner had raised with respect to improper behaviour of some other teachers, Head-Master, etc. He has quoted various instances about which he had made complaints to the authorities against the Head-Master and other teachers and the Management.