NAGPUR SHIKSHAN MANDAL Vs. VINOD SAYAM

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 21 -10 -2013 passed by the School Tribunal, Nagpur, allowing Appeal No.STN/05/2013 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 as a Shikshan Sevak on 22 -9 -2003 and upon completion of her probation period of three years satisfactorily, she was continued in service till the date of retrenchment on 31 -10 -2012. The respondent No.1 had, therefore, acquired the status of a permanent employee and hence she was entitled to protection in service.