CHAIRMAN, BHOR EDUCATION SOCIETY Vs. HEAD MASTER

JUDGEMENT

(1.) By this petition filed under Articles 226 and 227 of the Constitution of India, the petitioners have impugned the order and judgment dated 15th January, 2016 passed by the School Tribunal, Pune allowing the appeal filed by the respondent no.1 under section 9 of the Maharashtra Employees of Private Schools (Conditions of Service) Regulations Act, 1977 (in short 'MEPS Act') thereby setting aside the impugned termination order passed by the petitioner no.1 dated 24th June, 2014 and directing the petitioner nos.1 and 2 management to reinstate the respondent no.1 as Shikshan Sevak with all back-wages and with all consequential benefits. Some of the relevant facts for the purpose of deciding this petition are as under :-

(2.) The respondent no.1 is qualified as B.Sc., B.Ed. and belongs to open category. The petitioner no.1 is a public trust and society, registered under the provisions of Bombay Public Trust Act, 1950 and Societies Registration Act, 1860 respectively. In the month of June 2009, the petitioner no.1 issued an advertisement in daily 'Sakal' inviting applications for various posts of teachers in their non grant in aid divisions which were approved by the State Government in Raja Raghunathrao Vidyalaya. The respondent no.1 applied for the said post and was appointed by the petitioner no.1 as assistant teacher w.e.f. June 2009. The respondent no.1 however was issued the appointment letter only for one academic year. There is no dispute that there was a clear vacancy for the said permanent post of assistant teacher and that the respondent no.1 was appointed for the said post after the regular selection.

(3.) It was the case of the respondent no.1 that though at the end of each academic year, he was served with a notice of termination, the termination was not given effect and he continued in service in the academic year 2010-11 and 2011- 12. It was the case of the respondent no.1 that he became permanent employee having served for a continuous period of more than three years. The Education Department thereafter sanctioned grant in aid in respect of the said divisions. The petitioner no.1 issued a fresh advertisement on 28th August, 2012 in the daily 'Prabhat' inviting applications for the post of Shikshan Sevak. The respondent no.1 applied for the said post and was again selected as a regular Shikshan Sevak and was issued an appointment letter dated 7th September, 2012.