YOUNG REVOLUTION PANTHER Vs. PRESIDING OFFICER

JUDGEMENT

(1.) Rule made returnable forthwith. Head the matter finally by consent of the learned counsels appearing for the parties.

(2.) This petition challenges the judgment and order dated 30.06.2012 passed by the School Tribunal, allowing Appeal STN No. 73/2000, filed by the Respondent No.2 Employee Ku. Sheela Dhanuji Meshram, under Section 9 of the M.E.P.S. Act, challenging her termination from service with effect from 01.07.2000. The School Tribunal has recorded the finding that the Management has failed to establish that the post was reserved for scheduled tribe candidate and therefore, the Education Officer refused to grant approval, which has resulted in termination of the service of respondent no.2.

(3.) The initial appointment of the respondent no.2 was on temporary basis as an Assistant Teacher for one academic session from 01.07.1998 to 30.04.1999. This was approved by the Education Officer by his order dated 30.04.1999. The respondent no. 2 was terminated by an order dated 30.04.1999 and thereafter a fresh order of appointment was issued on 01.07.1999 appointing the respondent no. 2 on probation for a period of two years with effect from 01.07.1999. The Education Officer granted his approval to this appointment only for one academic session subject to the fulfillment of the backlog of the reserved category. Immediately on the next date i.e., on 31.03.2000, the services of the respondent no. 2 were terminated by giving notice with effect from 30.04.2000 on the ground that there exists a backlog. Though the respondent no. 2 has denied the receipt of this notice, she admits her termination orally with effect from 01.07.2000 which was made the subject matter of challenge in the appeal before the School Tribunal.