PRAMOD RAGHUNATH VAIDYA Vs. YUVAK VIDYALAYA, VIHIRGAON

JUDGEMENT

(1.) Heard Sh. Bhandarkar, the learned Advocate, appearing for the petitioner, Sh. Sundaram, the learned Advocate, appearing for the respondent No.1 and Sh. Thengre, the learned Advocate, appearing for the respondent No.2.

(2.) This writ petition challenges the Judgment and order dated 26-9-2008 passed by the Grievance Committee dismissing the Appeal No.31 of 2004 filed by the petitioner challenging his termination from service by an order dated 18-7-2005. The Grievance Committee has held that the appointment of the petitioner on 23-7-2002 was made without following the procedure and, hence, it cannot be treated to have been made on probation.

(3.) The petitioner possesses the qualifications of B.A., B.Ed and he was initially appointed on 1-1-2002. According to the averments made in the memo of appeal the appointment of the petitioner was made in place of one Sh. J.R. Meshram in the permanent vacancy occurred due to his death and, thereafter, he was continuously working on the post till the date of his termination on 18-7-2005. The learned Advocate, therefore, submits that the petitioner has acquired the status of deemed confirmed employee in terms of Section 5 of the Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977 [for short, 'the MEPS Act'] and, hence, his services could not have been terminated.