NAGPUR SHIKSHAN MANDAL, THROUGH ITS SECRETARY AND SMT. BINZANI MAHILA MAHAVIDYALAYA, THROUGH ITS PRINCIPAL Vs. SAU NANDA WAKDE PURSHOTTAM WAKDE AND DEPUTY DIRECTOR OF EDUCATION, NAGPUR DIVISION

JUDGEMENT

(1.) RULE . Heard finally by consent of the learned counsels appearing for the parties.

(2.) THE challenge in this petition is to the judgment and order dated 14 -8 -2013 passed by the School Tribunal, Nagpur, allowing Appeal No. STN/107/2012 filed by the respondent No. 1 under Section 9 of the Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977 ("MEPS Act") challenging her termination from service by an order dated 31 -10 -2012. The School Tribunal has set aside the order of termination, and the petitioners are directed to reinstate the respondent No. 1 in service as Part Time Teacher with continuity. The relief of full back wages has been denied.

(3.) THE School Tribunal has held that the appointment of the respondent No. 1 was made by following the procedure prescribed for making an appointment in a clear and permanent vacancy as a Part Time Teacher. The initial appointment was on probation on 29 -8 -1994 and upon completion of her probation period, she was continued in service till 31 -10 -2012. The respondent No. 1 acquired the status of a deemed confirmed employee. The principle of seniority while effecting retrenchment has not been followed. The termination has, therefore, been set aside.