LAWS(BOM)-2007-3-164

NILAMBARI DINKAR PAWAR Vs. SHIKSHAN PRASARAK SANSTHA

Decided On March 12, 2007
NILAMBARI DINKAR PAWAR Appellant
V/S
SHIKSHAN PRASARAK SANSTHA Respondents

JUDGEMENT

(1.) By this petition under Article 226 of the Constitution of India, the Petitioner challenges the judgment and order dated 13.12.2002 delivered by the Presiding Officer, School Tribunal, Mumbai in Appeal No. MUM/26/1995. By this judgment and order, the Tribunal has dismissed the Petitioner's Appeal challenging the order of Termination dated 29.3.1995 issued by Respondent Nos.1 to 5 before me.

(2.) The Petitioner filed the above Appeal invoking the jurisdiction of the School Tribunal under Section 9 of the Maharashtra Employees of Private Schools (Conditions of Service) Act, 1977 (M.E.P.S Act for short).

(3.) Petitioner's case is that she was appointed by the Management on 20.7.1993 as an Assistant Teacher. The order of appointment, copy of which is at Exhibit D to the petition, sets out the pay scale and contains a stipulation that the appointment is purely on probation for two years subject to approval from the Education Department. It is her case that during the period of probation, her work and performance was found satisfactory. She never received any Memo or Warning. Her services were therefore protected in terms of the M.E.P.S Act.