SUNIL PREMCHAND NARKHEDE Vs. JALGAON MUNICIPAL COUNCIL

JUDGEMENT

(1.) The group of these three (3) petitions is being disposed of by this common judgement in as much as there is similarity of controversial questions involved in the same.

(2.) The petitioners were appointed as school teachers in the schools run by the Jalgaon Municipal Council (respondent No.1). They are duly qualified and were appointed to the post of "Assistant Teacher". There is no dispute about the fact that the respondent No.1 - Municipal Council published an advertisement for appointment of the school teachers. By resolution dated 22-12-1997, it was decided to appoint the petitioners. The appointment letters were issued accordingly. The initial appointment was for one (1) year for period between 26-12-1997 and 25-12-1998, or for period till availability of a candidate selected by the Staff Selection Board. The appointment was, however, continued. An inquiry was contemplated lateron by the Collector as the appointments were dehors the recruitment rules and procedure. The President of the Municipal Council issued order dated 11-01-2000 and terminated services of the petitioners. Lateron, the Collector, by his order dated 31-01-2000, suspended the resolution whereby services of the petitioners were continued by the Municipal Council for the academic year 1999-2000. The petitioners challenged the order of the Collector by filing an appeal (appeal No.1, appeal No.2 and appeal No.3 of 2000) before the Additional Commissioner, Nasik Division, Nasik. The latter authority held that the appeals were not maintainable because the order of termination could not be regarded as penal. The revision applications preferred by them were rejected by the State Government. Hence, these petitions.

(3.) Heard learned counsel for the parties.