EDUCATION INSPECTOR Vs. M P ARYA VIDYA SABHA

JUDGEMENT

(1.) THE present Appeal has been filed challenging the Judgment and Order of Learned Single Judge dated 3rd November, 2004.

(2.) THE brief facts are as follows:- The present Respondent No.3 was a teacher in M.P.Vidya Sabha School. As a result of certain personal difficulties she had requested for leave of 45 days and thereafter again another 76 days in order to treat her ailing father. She was asked to resume work by the Management, failing which her absence would be treated as abandonment of service. Consequently, her services were terminated with effect from 31st March, 1999. Being aggrieved with the same, Respondent No.3 had preferred an Appeal under section 9(1)(a) of the Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977 (hereinafter MEPS Act and the Rules framed thereunder as "the Rules 1981"). The Learned Presiding Officer of the School Tribunal, by his Judgment and Order dated 29th January, 2004 held that Respondent No.3's termination from service was illegal and bad in law and hence it was quashed and set aside, and the teacher was directed to be reinstated and paid her full backwages till reinstatement.

(3.) IT may be also noted that even in the Writ Petition No.2748 of 2004 filed by the Management of the School, there is no grievance made by the Management of the School against the State of Maharashtra. There is no relief sought whatsoever in the said Writ Petition against the State of Maharashtra. In the said Writ Petition, there is no reference to Government Resolution dated 14th March, 1978, upon which the Learned Single Judge has relied upon and directed the State of Maharashtra to pay 50% of the backwages to the Teacher.