SANJIVANI NAVNATH SANT Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Rule. Rule made returnable forthwith. Heard finally by the consent of the parties.

(2.) Since the common question of law and fact is involved in these writ petitions, they were heard together and are being decided by this common judgment. For the sake of convenience and brevity the litigating parties are referred as'Management' and'Teacher'.

(3.) Writ Petition No.4352/2016 is filed by Teacher Smt. Sanjivani Sant (for short'Teacher Sant') challenging the judgment of the School Tribunal in Appeal No.10/2015 to the extent it directs her reinstatement in service as a Part Time Assistant Teacher. Teacher Sant has passed her B.Com in first class and M.Com in second class, so also, she has completed her B.Ed in the year 2001. Pursuant to the advertisement dtd. 26/5/2007 she was appointed as a Part Time Assistant Teacher in respondent No.5 College by appointment order dtd. 4/7/2007. Her appointment as Part time Assistant Teacher was continued for academic years 2007-08, 2008-09 and 2009-10. Approval to her appointment was granted by respondent Nos. 2 and 3 - Deputy Director of Education and Education Officer (Higher Secondary), Zilla Parishad, Ahmednagar, respectively. Mr. K. B. Salunke who was working as Assistant Teacher in the school where petitioner was working, retired on superannuation on 31/5/2010. As per Government Resolution dtd. 31/1/2001, Part Time Teachers are required to be accommodated on the post of full time teachers, therefore, she was required to be accommodated on the post which had fallen vacant due to retirement of Mr. K. B. Salunke. The Management, thereafter issued advertisement on 8/8/2010. Pursuant to the said advertisement, the petitioner was appointed as Shikshan Sevak for period between 17/8/2010 to 16-082013. Teacher Sant successfully completed the said period, however, her service was orally terminated on 29/1/2015. Therefore, she challenged her termination by filing Appeal No.10/2015 before School Tribunal, Pune Region, Solapur.