SUNITA SANJAY PARDHI Vs. DEPUTY DIRECTOR OF EDUCATION

JUDGEMENT

(1.) Rule. Rule made returnable forthwith and heard finally with consent of the learned Counsel for the parties.

(2.) One Ku. Rajlaxmi Patle came to be appointed as an Assistant Teacher at the respondent No.3 - School run by the Education Society. Her services came to be terminated after holding an enquiry. The order of termination is dtd. 9/12/2013. At the relevant time, the said employee was holding the post of Head of the said School. The said employee preferred an appeal before the School Tribunal for challenging the order of termination. In the meanwhile, since two other senior Assistant Teachers were not inclined to hold the post of Head, the School sought permission from the Education Officer (Secondary) to fill in the said post. Accordingly, on 26/12/2013, the Deputy Director of Education conveyed its approval to the Education Officer (Secondary) and permitted filling in the said post through recruitment. Accordingly, on 28/12/2013, an advertisement was issued seeking to fill in the post of Head of the Girls School. The petitioner was duly selected on the said post and was issued an order of appointment dtd. 3/1/2014. On 18/8/2018, regular approval was granted to the appointment of the petitioner as Head subject to the condition that she would obtain the required qualification within a period of 5 years. The petitioner has accordingly obtained that qualification and is continuing as Head of the said School.

(3.) The School Tribunal vide judgment dtd. 10/3/2023 allowed the appeal preferred by Ku. Patle and directed her to be reinstated. The Management did not challenge the order passed by the School Tribunal. With a view to implement the order of the School Tribunal, the petitioner was required to vacate the post of Head-Mistress to enable Ku. Patle to be reinstated. It is in that backdrop that the petitioner sought steps to be taken since she was rendered surplus at the School. By this writ petition, the petitioner prays that her services be accommodated in some other School.