SUBHASH NAGAR RDUCATION SOCIETY Vs. REKHA RAMKRUSHNAJI REWATKAR

JUDGEMENT

(1.) Heard Shri Deshpande, advocate for petitioner, Shri A. Shelat, advocate for respondent No. 1, Shri Adgokar, AGP for respondent No. 2 to 4. None present for respondent No. 5 and 6.

(2.) By this petition, under Articles 226 and 227 of the Constitution of India, petitioners are challenging the order passed by the School Tribunal, Nagpur in Appeal No. STN/17/1996 filed by the respondent No. 1 against the termination of her services w.e.f. 9-5-1989.

(3.) Brief facts leading to this petition can be stated thus. Respondent No. 1 was appointed as Assistant Teacher with the petitioner from the academic session 1985-86 to 1988-89. According to the petitioner, she was being appointed every year on purely temporary basis as an Assistant Teacher. Her services came to be terminated on 9-5-1989. The respondent No. 1 then preferred appeal before the School Tribunal under section 9 of the Maharashtra Employees of Private Schools (Conditions of Service Regulation) Act 1977 (for short M.E.P.S. Act) challenging her termination. This appeal was preferred on 16-1-1996. In the proceeding of appeal before the School Tribunal, Nagpur notices were issued to the present respondents and the Deputy Director of education and Education Officer, Nagpur. The management/ petitioner filed their reply to resist the appeal. However other respondents including the Education Officer did not file any reply. Learned Presiding Officer, School Tribunal, found that the respondent No. 1 was wrongly terminated and order of termination issued was illegal, so the School Tribunal set aside that order and directed reinstatement of the appellant in the same post immediately. However, her claim for backwages was rejected.