SANGEETA J. SHINDE Vs. RAJENDRA VASANT ZOPE

JUDGEMENT

(1.) Petitioner, who has lost her job as Assistant Teacher in Respondent No.3-School on account of the School Tribunal setting aside termination order of Respondent No.1, has filed the present Petition challenging the judgment and order dtd. 7/6/2002 passed by the Presiding Officer, Additional School Tribunal, Navi Mumbai (School Tribunal), in Appeal No.90 of 1999. By its order dtd. 7/6/2002, the School Tribunal has set aside order of oral termination of Respondent No.1 directing the management to reinstate him alongwith consequential benefits and continuity, but without backwages.

(2.) Respondent No.2/Gramin Shikshan Sanstha runs and operates English High School and Junior College at Majiwade, District -Thane. Respondent No.1 was appointed as temporary Assistant Teacher by order dtd. 27/7/1995 w.e.f. 3/8/1995 till the last working day of academic year 1995-96. At the end of the academic year, his services were terminated w.e.f. 30/4/1996. He was reappointed as Assistant Teacher on temporary basis for the academic year 1996-97 w.e.f. 13/6/1996 and his services were terminated w.e.f. 30/4/1997. He was once again appointed as Assistant Teacher on temporary basis by order dtd. 5/8/1997, in which his services were apparently put on probation from 13/6/1997 for a period of two years. He was terminated on 31/3/1998. Lastly, Respondent No.1 was appointed by order dtd. 13/6/1998 once again stating that the same was on probation basis. His services were terminated by order dtd. 31/3/1999 retrospectively w.e.f. 2/5/1999. Apparently, the Headmistress had sent proposals for approval of appointment of Respondent No.1 for each academic year and the Education Officer had granted approvals on 26/8/1996, 29/3/1997, 3/9/1997 and 10/8/1998 to the appointment of Respondent No.1 in respect of every academic year.

(3.) It appears that during the currency of last appointment of Respondent No.1, management issued advertisement in the newspaper on 2/6/1999 for filling of one post of Assistant Teacher in Scheduled Tribe (ST) category or Nomadic Tribe (NT) categories. Petitioner applied in pursuance of the advertisement. She belongs to NT category and in pursuance of the advertisement, she was selected and was issued appointment order dtd. 26/7/1999 appointing her as Assistant Teacher w.e.f. from 26/7/1999 upto last working day of academic year 1999-2000. She was issued fresh appointment order dtd. 12/7/2000 upto last working day of academic year 2000-2001. The third appointment order was issued in Petitioner's favour on 9/8/2001 appointing her from 9/7/2001 till academic year 2001-02.