REHMANIA TELEEMI SOCIETY Vs. KHAN ARZA KHANTOON

JUDGEMENT

(1.) Challenge in this petition is to judgement and Order dated 6th December, 2001, rendered by learned Presiding Officer, School Tribunal, in an Appeal (App. No. 46 of 1999) whereby the respondent No. 1 was directed to be reinstated in the service alongwith full backwages and also for recommendation of her case to the postal D.Ed, course.

(2.) There is no dispute about the fact that respondent No. 1 Smt. Azra Khantoon was appointed on temporary basis as an assistant teacher in the primary school run by the petitioners. Admittedly, she is not a trained teacher. She is S.S.C. The Education Officer granted approval to her appointment for the academic years 1993-94 and 1994-95 subject to her completion of D.Ed, course.

(3.) The respondent No. 1 filed an appeal in the School Tribunal, Aurangabad, alleging that her services were orally terminated on 27th January, 1999. She asserted that no termination notice was served on her. She had filed Writ Petition No. 3010/ 1996 in the High Court when it was apprehended that her services would be terminated due to her being untrained teacher. A Division Bench of this Court finally disposed of a group of similar writ petitions including the petition filed by the respondent No. 1 wherein it was directed that those untrained teachers who were in service should not be terminated and their names may be recommended for the postal D.Ed, course. The respondent No. 1 contended that she was prevented from signing the muster roll though she had attended the duties. When she informed the Head Master about orders passed by this Court in Writ Petition No. 3010/1996, then she was compelled to give an application dated 7-10-1998. She was thereafter shown to have resumed the duties for the purpose of record. She was actually in service at material time. Inspite of allowing her to show on record that she had resumed the duties, she was prevented from signing the muster roll. Eventually, the Head Master and office Bearers of the petitioners - Education Society-orally terminated her services on 27th January, 1999.