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Bombay High Court

SOPAN NAMDEO KALEversusTHE SECRETARY AHMEDNAGAR ZILLA MARATHA VIDYA PRASARAK SAMAJ AND OTHERS

Disposal
DISPOSED OFF

Holding

A teacher appointed to a clear, vacant permanent post who serves continuously and completes the statutory probation period becomes a permanent employee, and any termination without due disciplinary procedure is illegal despite the employer’s issuance of yearly temporary appointment orders.

Summary

The petitioner, Sopan Namdeo Kale, was appointed as a teacher in 2003 to a clear, vacant permanent post but was issued yearly appointment orders that labelled his service as temporary. After serving continuously for fifteen years, the management refused to allow him to join duty in 2017 and terminated him, prompting an appeal under Section 9 of the Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977, which the School Tribunal dismissed. The High Court examined the statutory provisions, noting that Section 5(2) mandates probation for two (now three) years for permanent vacancies and that completion of probation confers permanent status, irrespective of the management’s annual orders. It held that the management’s practice of issuing yearly temporary orders could not defeat the statutory intent and that the petitioner had become a permanent employee entitled to protection from termination without a disciplinary enquiry. Consequently, the Court quashed the Tribunal’s order, reinstated the petitioner, and awarded him fifty percent back‑wages from the date of termination.

Issues considered

  • Whether a teacher appointed to a clear, vacant permanent post and serving continuously for fifteen years can be deprived of permanency solely because the management issues yearly appointment orders on a temporary basis
  • Whether an appeal under Section 9 of the Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977 can be dismissed on the ground that the employee was not a permanent employee
  • Whether a permanent teacher who has served continuously for fifteen years can be terminated without a departmental enquiry under the Maharashtra Employees of Private Schools (Conditions of Service) Rules, 1981

Legislation cited

Subjects

  • permanent appointment
  • temporary appointment
  • Maharashtra Employees of Private Schools Act
  • back wages
  • termination
  • educational institutions
  • service tenure
  • probation
  • employment law

Judgment

2026:BHC-AUG:42598


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                          IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                     BENCH AT AURANGABAD

                                                               District: Ahmednagar


                                  WRIT PETITION NO.1637 OF 2023

                           Sopan Namdeo Kale
                           Age: 49 years, Occu: Nil,
                           R/o: Dehre, Taluka Nagar,
                           District: Ahmednagar
                                                                     …..PETITIONER
                                 VERSUS

                     1.    The Secretary,
                           Ahmednagar Zilla Maratha Vidya Prasarak Samaj,
                           Laltaki Road, Ahmednagar.

                     2.    The Principal,
                           Shri. Mulikadevi Jr. College, Nighoj,
                           Taluka Parner, District Ahmednagar.

                     3.    The Deputy Director of Education,
                           Pune Region, Pune
                                                                   …..RESPONDENTS

                      ______________________________________________________
                     Mr. S. S. Jadhavar, Advocate for the petitioner
                     Mr. V. D. Hon, Sr. Advocate a/w Mr. H. A. Karad i/b Mr. A. V.
                     Hon, Advocate for respondent nos.1 and 2
                     Mr. S. P. Sonpawale, AGP for respondent no.3
                      ______________________________________________________

                                     CORAM                 : AJIT B. KADETHANKAR, J.
                                     RESERVED ON           : 10TH SEPTEMBER, 2026
                                     PRONOUNCED ON         : 16TH SEPTEMBER, 2026
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JUDGMENT :- (Per Court)

1.     Subject-matter : Feeling aggrieved by the Judgment and

Order dated 18.07.2022 delivered by the learned Presiding

Officer of the School Tribunal, Pune (Solapur Region) in

Appeal No.09 of 2019, the employee/appellant has preferred

this Writ Petition.

2.     Rule. Rule made returnable forthwith. Heard the parties

for final disposal at their instance.



3.     Facts in brief:

a.     In   the   year    2003,      the    respondent    management

published an advertisement to fill up some posts of Teachers

in its school.

b.     By due procedure, the Petitioner came to be appointed

on a clear, vacant and permanent post. Initially the

appointment was on part time basis which was subsequently

made on full time basis.

c.     Deputy Director of Education approved Petitioner’s

appointment       and    services.       Since   2003   the   Petitioner

continuously served the school and the management.
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d.    On the other hand, the Management kept on issuing

appointment order in the name of the Petitioner on year to

year basis, despite the Petitioner having been appointed on

clear, vacant and permanent post.

e.    In the year 2017, the management didn’t allow the

Petitioner to join the duty. Hence the Petitioner filed an

appeal u/s 9 of the Maharashtra Employees of Private Schools

(Conditions of Service) Regulation Act, 1977 (for brevity “the

act of 1977”) before the School Tribunal Pune, Solapur

region.

f.    The Management defended the appeal disputing that

the Petitioner was a permanent employee. It also disputed

that the Petitioner was ever terminated orally. With these

objections, the management prayed to dismiss the appeal.

g.    The School Tribunal heard the parties and pleased to

dismiss the appeal accepting Management’s aforesaid two

objections.

      Hence this petition.
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4.    Submissions:


      Mr. S. S. Jadhavar, learned advocate for the Petitioner

would submit that,

a.    Admittedly, the Petitioner was appointed by due process

of law. The appointment was approved by the competent

authority.

b.    On account of continuous service of fifteen years, the

Petitioner earned permanency, irrespective of the record

prepared by the management to show his appointment on

yearly basis.

c.    Despite the record prepared by the management as

aforesaid, Petitioner’s appointment is governed by Section

5(2) of the Act of 1977.

d.    The Tribunal erred in not correctly appreciating the

provisions of law, and the law developed in this field.

e.    There is no reason why a permanent employee who

rushes to the School Tribunal would have voluntarily left the

job. In fact the management disallowed him from signing the

muster and caused otherwise termination.
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      Learned advocate Mr. V. D. Hon for the respondent

management submits that,

f.    The Petitioner was appointed on temporary basis and

was not amenable to the appellate jurisdiction of the School

Tribunal u/s 9 of the Act of 1977.

g.    In view of the appointment orders issued from year to

year, it is clear that the Petitioner was not at all appointed on

permanent basis.

h.    The Petitioner has voluntarily waived the job, and later

filed the appeal to take undue advantage of his own wrong.

i.    The School Tribunal has passed a reasoned judgment

which do not call for any interference of this Court in Writ

Petition.



5.    Issues for consideration:

      Considering the pleadings and the rival arguments, I

record following core issues for consideration.

i.    While a Teacher serving continuously for fifteen years

and   having    been   appointed      by   due    process   under

advertisement on a clear, vacant and permanent post; and

while the Deputy Director of Education has approved his
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appointment; whether if such teacher could be deprived of the

status of permanency only if the Management has kept on

issuing appointment orders on year to year basis.

ii.     Whether if in above circumstances, an appeal u/s 9 of

the Maharashtra Employees of Private Schools (Conditions of

Service) Regulation Act 1977 can be dismissed observing that

the employee was not a permanent employee.

iii.    Whether   if   a   permanent   teacher   having   served

continuously for fifteen years could be terminated without

conducting departmental enquiry under the Maharashtra

Employees of Private Schools (Conditions of Service) Rules

1981.


Consideration:

1.      Petitioner’s qualification and the mode of appointment

is not in dispute. Petitioner was well qualified for being

appointed on the post of Assistant Teacher, and the

respondent management appointed the Petitioner on the

subject-matter post after conducting due procedure. An

advertisement was published inviting applications from the

suitable candidates. Selection procedure was conducted, and

the Petitioner was appointed.
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2.    The issue is about nature of Petitioner’s appointment

and the factum of his discharge from the job.

      2.1.   While Petitioner submits that he has earned status

      of a permanent employee, respondent management

      contends that he was purely on a temporary basis. The

      School Tribunal negated Petitioner’s contention, and

      upheld management’s defense.

      2.2.   While Petitioner alleges otherwise termination

      (oral termination) at the hands of the respondent-

      management, they came up with a case of voluntary

      absence from duty by the Petitioner. The Tribunal

      discarded Petitioner’s case and accepted managements’

      defense.

3.    I have gone through the sequential appointment orders

issued by the Management appointing petitioner on the

subject-matter post and continuing him. The appointment

orders consistently show appointments on temporary basis on

clear, vacant post; however always on annual basis.

4.    The non-disputed fact that the Deputy Director of

Education, Pune      approved Petitioner’s appointment and

service from time to time also confirms that the Petitioner was
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lawfully appointed and was in continuous service on the

subject-matter post.



Nature of appointment and status of Petitioner


5.    Management’s first substantial objection is that the

appointment was always on temporary basis and meant for a

specified period.

6.    Perusal of the appointment orders would clearly show

that those were issued by the Management maintaining its

own mechanism dehors the law. During 2003 (w.e.f.

09.07.2003) till 2009 (i.e. till 15.06.2009), Petitioner was

appointed as a part time teacher on non-grant basis. The

appointment orders, as observed supra, are issued on year to

year basis.

7.    Vide    order    dated   16.09.2010,    the    respondent

management appointed the Petitioner on Full Time post of

Teacher again keeping it for an academic year. This was

continued until 2017. Tenure of Petitioner’s last service period

is seen as 16.06.2017 to 30.04.2018.
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8.    In all the appointment orders it is mentioned that the

appointment was on purely temporary basis and in the

mentioned pay scale applicable to the subject-matter post. In

no appointment order it is seen that the appointment was

against a vacancy meant for any reservation category. All the

appointments stood approved by the Deputy Director of

Education, Pune from time to time.

9.    It is an undisputed fact that the subject-matter post was

of a clear, vacant and permanent nature.

10.   It is a trite law that every appointment made u/s 5(2) of

the Maharashtra Employees of Private Schools (Conditions of

Service) Regulation Act 1977 must be made on probation, and

upon completion of probation period such appointee has to be

confirmed as a permanent employee.

11.   There had been amendments in the year 2007 to the

Maharashtra Employees of Private Schools (Conditions of

Service) Regulation Act, 1977. A new subsection 2-A was

incorporated into Section 5 of the Act. The probation of Two

years was extended by additional one year making total Three

years for the Shikshan Sevaks.
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12.   A beneficial reference can be made to a Judgment and

Order delivered by this Court in the case of New Education

Institute Nashik and ors. Vs. Mehajabin Ashfak reported at

2008 (1) AIR Bom.R 256. Paragraph No.10 of the judgment

reads thus:

      10. Section 5(2) expressly provides that when
      any person is appointed to fill a clear
      permanent vacancy, he shall be appointed on
      probation for period of two years. Thus, the
      management ought to have appointed
      respondent No. 1 for a period of two years and
      not limited the appointment for a period of one
      year. Rule 9 is explicit as it indicates the
      manner in which the vacancy is to be filled.
      Thus, it was incumbent on the petitioners to
      appoint respondent No. 1 on probation for 2
      years against the permanent clear vacancy.

13.   The aforesaid observations are squarely applicable to

the present case. While the statute mandates the mode of

appointments on probation for clear, vacant and permanent

post, the Managements can not venture its own mechanism to

keep an employee forever in hanging position.

14.   A reply affidavit filed by the management is on record.

It is disputed that the subject-matter post was clear and vacant

post (paragraph No.9). This statement on oath is absolutely

hostile to the terms and conditions spelled out in the

appointment orders.
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      Copies of the appointment orders clearly show that the

subject-matter post was a clear and vacant post. Unless it is,

the Deputy Director of Education would not have granted

approval at the request of the Management.

15.   Section 5(2A) is a supplement to Section 5(1) which

makes the probation for Shikshan Sevaks for a period of three

years. Meaning thereby, a Shikshan Sevak who completes

probationary period of Three years stands confirmed as a

Teacher/Assistant Teacher.

16.   The object behind legislating these two provision is

clear. This is to curb the typical management strategy to keep

the ‘On/Off’ switch of its employees’ service, always under its

thumb.

17.   I do not subscribe to the defense raised by the

Management that because the Petitioner every time accepted

the appointment orders, he is estopped from disputing the

mode of appointment nor he can put allegations against the

Management. As observed, the law says that every clear,

vacant and permanent post must be filled in by appointing a

suitable   employee   on   probation.   Upon   completion    of

probation, such employee becomes permanent employee.
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      By accepting to join pursuant to the appointment order,

the   Petitioner   can not    be    held   disqualified   to   seek

permanency. There can not be estoppel against law.

18.   The management can not take undue advantage of the

needy for a job. A needy person has no wisdom to bargain.

Had the Petitioner questioned the nature of the stipulation in

the appointment order which is dehors the law, certainly he

would have lost the opportunity. The management obviously

had options to accommodate the next one who is more needy,

and who is ready to bow down and to surrender to the riders.

19.   It is rather worrying that a very responsible authority

i.e. the Deputy Director of Education, Pune has travelled hand

in hand with the Management for carrying and continuing

such illegality. It was the duty of the said authority to question

the Management since Petitioner’s initial appointment. On the

other hand, the Deputy Director of Education has irresponsibly

issued approval orders on annual basis confirming the illegal

mode adopted by the respondent Management. Everything has

been done under the nose of this authority. Had the Deputy

Director of Education exercised his authority timely and

honestly, the management could not have dared to keep its
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employees consistently under its thumb. This not only gives

birth to the unwarranted litigation, but also adversely affects

the performance of the staff due to the constant apprehension

of uncertainty to the job security.

20.   The record speaks that the Deputy Director of Education

Pune was party to the appeal before the School Tribunal, still

there also no comment is made by him on the conduct of the

respondent management.

21.   Reliance placed by the respondent management in case

of Kalpataru Vidya Samasthe Vs. S.B. Gupta and ors. reported

at (2005) 7 SCC 724 may not be of any avail to the

respondent management for substantial difference in facts. In

the said case the High Court of Karnataka has exercised

revisional jurisdiction u/s 115 of the Civil Procedure Code

1908 to interfere into the order passed by the Tribunal. The

Honorable Supreme Court disapproved such interference u/s

115 of the Civil Procedure Code 1908. The case therein was

under the provisions of the Karnataka Education Act. The

employee therein was relieved while under probation. He

again joined the job only for a limited period with a written

undertaking that in terms of the invitation to rejoin the duties,
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he has joined. Then the employee questioned his release from

the service. As such, with due respect I record that this

citation is of no avail to the respondent management.

22.   Learned advocate for the respondent management also

relies upon a view taken by the Honorable Supreme Court in

the case of Hindustan Education Society and anr. Vs. Sk.

Kaleem and ors. reported at (1997) 5 SCC 152. With due

respect, I opine that the said citation is also not applicable to

the present case. The cited case was of an employee who was

only appointed for a period of 11 months. In the case in hand,

the subject-matter post is apparently clear, vacant and

permanent.     Admittedly,    the   respondent     management

published an advertisement and then the Petitioner was

appointed (emph. Paragraph No.6 of the reply affidavit). It

was not an appointment of one specified period. For 15 years

the Petitioner was continued in service by issuing appointment

orders in continuity, although separately in each year. The

Deputy Director of Education has also approved the

appointments thereby confirming that the subject-matter post

was clear, vacant and permanent.
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      Hence on account of substantial difference in the facts,

this citation is of no avail to the respondent management.

23.   Considering that the Petitioner was continuously served

for 15 years on the subject-matter post- may be by separate

appointment orders, I am of the considered view that such

method devised by the management neither can be hostile to

the mandate of law nor can defeat the object of the Law.

Petitioner’s appointment itself was on clear, vacant and

permanent post. By virtue of the continuous appointment -

although devised by separate appointment orders, the

Petitioner earns status of a permanent teacher.

24.   Learned Presiding Officer of the School Tribunal ought

to have considered the law governing the field. There are

absolutely no justifiable reasons from the end of the

Management as to what tempted it to take exception to

Section 5(2) of the Act of 1977. Merely contending that the

appointment was purely on temporary basis and for a specific

period does not justify departure to Section 5(2) of the Act of

1977. Meandering the law and procedure must be deprecated.
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        Another beneficial reference can be made to a

Judgment and Order delivered by this Court in the case of

Abdul Rafique Vs. Yavatmal Islamiya Anglo Urdu Education

society and ors. reported at 2015 (1) Bom.C.R. 804

25.     Thus, I find that the School Tribunal erred in holding

that the Petitioner was not a regular employee and that he

could not have maintained the prayers as prayed therein.


Oral termination

26.     Now so far second issue of ‘oral termination’ is

concerned, the management has taken a stand that the

Petitioner voluntarily left the services. It is also stated that the

Petitioner was charged for mass copy and disregard towards

duty. That, since the Petitioner was found guilty for the

charges, a notice was issued on 18.11.2004 and an action was

initiated against the Petitioner as per the directions from the

‘Divisional Office’. It is further stated that later in 2017-2018,

there    were   complaints     against    the   Petitioner   about

misbehavior with female students and the Petitioner was

beaten by the parents of the students. It is submitted that the

Petitioner left the job voluntarily under apprehension of being

beaten by the parents.
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27.   There is nothing before this Court about the alleged

incident of 2004 and action, if any taken to its logical end by

the management against the Petitioner. Although the

management submits that the Petitioner tendered written

assurance not to repeat any ill act, fact remains that the

petitioner was continued in his service.

28.   So far as the incidences of 2017-2018 are concerned,

copy of a letter dated 11.11.2017 written by the Headmaster

of the Mulikadevi Secondary School to the Secretary of the

Management and a newspaper cutting is filed alongwith reply

affidavit in the Writ Petition. Recitals of the first annexures

show that the headmaster intimated to the management about

complaint by some parents and assault on the Petitioner by

the parents. The another annexure i.e. newspaper cutting does

not recite Petitioner’s name or School name.

29.   May    it   be,   fact   remains     that   the    respondent

management did not initiate any disciplinary proceeding

against the Petitioner pursuant to the alleged misconduct. A

bare statement that on 18.11.2004, a notice was issued to the

Petitioner is not sufficient to take departure from the further

disciplinary proceeding. It is vaguely stated that as per
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Divisional Office’s instructions the notice was issued. Which

and whose divisional office, is not clarified. On query, learned

advocate could not explain it. Copy of the said notice is not

placed before me nor also what happened to its service on the

Petitioner, and any response pursuant to this etc. is placed

before me.

30.   May it be, I refrain myself from commenting upon the

nature of the complaint and its genuineness. However for the

purpose of present controversy, the management was under

obligation to take up disciplinary proceedings against the

Petitioner considering the serious complaint. Failure to take

up such disciplinary proceedings under the Rules of 1981

strengthens the arguments of the Petitioner for carving out

adverse inference against the management.

31.   I have rendered my findings on both the issues under

debate with elaborate reasoning.

32.   Management’s defense on both issues i.e. nature of

appointment and otherwise termination is hit by the basic

principle of Nullus commodum capere potest de injuria sua

propria (one can not take benefit of his own wrong).
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33.   The findings recorded by the learned Presiding Officer,

School Tribunal are liable to be struck down.

34.   Before parting, I must record my findings on one more

objection raised by the respondent Management in its reply

affidavit filed on date of final hearing.

      One additional objection as could be seen in the reply

affidavit is referring to      Rule 9(a) of Rule 9         of the

Maharashtra Employees of Private Schools (Conditions of

Service) Rules 1981 [“1981 Rules” for brevity].       The said

provision reads thus:

       (9) (a) In case it is not possible to fill in the
       teaching post for which a vacancy is reserved
       for a person belonging to a particular category
       of Backward Classes, the post may be filled in
       by selecting a candidate from the other
       remaining
       categories in the order specified in sub-rule (7)
       and if no person from any of the categories is
       available, the post may be filed in temporarily
       on an year to-year basis by a candidate not
       belonging to the Backward Classes.


35.   I am constrained to observe that this is not only a feeble

attempt, but absolutely an absurd defense by the respondent

management. There is nothing, absolutely nothing on record

showing that the subject-matter post was reserved for ‘X’

category, and for want of availability of suitable candidate
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from such category – the Petitioner was appointed for a

limited period. Merely reference of Rule 9A of the 1981 Rules

in    the   formatted   appointment    order   neither    make

appointment temporary and against a reserved vacancy. At no

point of time the Deputy Director of Education has observed

anything in either of the approval order that the subject-

matter post was reserved for ‘X’ category and that the

Petitioner’s appointment was a time-gap arrangement on

temporary basis.

36.     My view and opinion as expressed in forgoing

paragraphs goes in tune with the observations made by this

Court in the case of Matoshri Ramabai Ambedkar Vidyarthi

Vasatigruh Trust and another Vs. V.Bharat D Hambir and anr.

reported at 2008 SCC OnLine Bom 1234. This Court observed

thus:

        5A. Of late, there is a growing tendency of
        managements of private schools to appoint
        temporary employees from year to year, even
        though the vacancy is permanent and an
        adequate work load is available. This leads to
        grave uncertainty for teachers and places them
        at the mercy of the managements. The
        temporary appointment of a teacher who
        questions unethical practices of the management
        is promptly terminated. He or she who questions
        is cast away. Those who turn a blind eye or
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worse, become willing participants in a pattern
of exploitation, are retained. This is a perversion
of what was intended by the State legislation
enacted in 1977. Placing teachers in a state of
eternal uncertainty is destructive of the cause of
education. In numerous cases before this Court,
the grievance is that teachers of aided
institutions are being subjected to extortionate
demands by unscrupulous managements.
Education has become a business and
managements of private schools, with notable
exceptions, are becoming pirates in the high seas
of education. The interpretation of section 5 of
the Act must be purposive - one that would
attain the statutory object and not lead to a
negation of statutory intent. Once a permanent
vacancy arises, a management is duty bound
statutorily to fill it up by appointing a duly
qualified candidate on probation. The vacancy
must be advertised to allow equal opportunity to
eligible candidates. A regular process of selection
must be held. A duly qualified candidate has to
be appointed. Temporary appointments can by
definition be made when the vacancy is
temporary. In such cases, the exigencies of
education require that students must be
imparted education and a vacancy even for a
short period will cause serious hardship. But
temporary appointments are an exception.
Making temporary appointments the rule is to
give a tool of subversion to the hands of
unethical        managements.           Temporary
appointments, followed as a practice become a
tool of subversion because they perpetuate a
regime of uncertainty about service, place the
teacher in a position of perpetual fear and
deprive the teacher of the stability needed to
contribute to the process of moulding young
minds. This Court must emphasise with all the
authority at its command that a subversion of
statutory intent should not be allowed. The
Court will not allow itself to be a mute by
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stander to the growing trend of a lack of ethics
in the management of private schools. Judicial
intervention is warranted in order to preserve
the statutory intent.
6. The position of the law which I have
formulated finds elaboration in Mr. Justice
R.M.S. Khandeparkar's judgment in President,
Mahila Mandal Sinnar v. Sunita Bansidhar
Patole, 2007 (2) Mh.L.J. 105 thus:
   “Merely because the management chooses to
issue appointment orders every year, the
appointment of the respondent ipso facto cannot
become a temporary one. The Management is
bound by the provisions of law comprised under
MEPS Act in relation to the appointments of
teachers. Once it is not in dispute that vacancy
which was filled by the appointment of the
respondent was a permanent vacancy, as such
appointment was after following the procedure
prescribed for appointing a person in permanent
vacancy irrespective of the appointment letters
being issued every year, the appointment of the
respondent has to be construed as under section
5(1) of the Act.”
7. In the present case, the management cannot
take advantage of the fact that it issued a yearly
appointment on a temporary basis initially. The
appointment was made after following the
requisite procedure for selection, namely, after
the issuance of an advertisement and holding of
interviews. The first respondent was a duly
qualified candidate. As already noted earlier, the
management itself treated the appointment as
one on probation. The services of the first
respondent were not discontinued within the
period of two years on the ground that they were
unsatisfactory. Upon the completion of two
years’ service, the first respondent became a
permanent employee as contemplated by the
provisions of section 5(2) of the Act.
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8. The second contention that has been urged is
that it was not the case of the management at all
that the services of the first respondent were
terminated and in fact, it was the first
respondent who had stopped attending the
duties after signing the Muster on 5th
September, 2007. The Maharashtra Employees
of Private Schools (Conditions of Service) Rules,
1981 make a provision for such an eventuality.
Rule 16(3) provides as follows:
   “16(3) In the case of a permanent employee
who, without sufficient cause, fails to apply for
leave within 7 days from the date of absence, it
shall be treated as breach of discipline and he
shall be liable for suitable disciplinary action
after due inquiry. A permanent employee who is
absent from duty without leave continuously for
a period exceeding three years or more, shall be
deemed to have voluntarily abandoned his
services.”
9. In the present case, it was the case of the
management that the first respondent had
without sufficient cause failed to apply for leave
and had remained absent. The management was
entitled to treat this as a breach of discipline and
to hold a disciplinary enquiry to establish the
allegation. Until the misconduct was proved, it
was only an allegation. Nothing of the kind was
done. The School Tribunal has reviewed the
material which has come on record in great deal
of detail and noted that it is only after the first
respondent filed a complaint against the
management that it prevented him, with effect
from 8th September, 2007, from signing the
Muster Roll. The grievance of the first
respondent is that the management was
resorting to unethical practices by making
extortionate demands. The Tribunal has for
cogent reasons entered a finding of fact that
there is substance in the grievance of the first
respondent.
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37.   Thus,   present   case   is   squarely   covered   by   the

observations made by this court as above.

38.   After the matter was reserved for orders, Mr. Jadhavar –

learned advocate for the Petitioner tenders an affidavit to

claim back-wages. It is stated on oath that since the date of his

termination i.e. w.e.f. 15.06.2018 till 21.06.2023, the

Petitioner remained unemployed. Suffering starvation and

with sole object to run the livelihood of himself and the

family, he joined a job at one Avihas Electricals, a private

employer on a very meager amount of Rs. 12,000/- p.m.

which is now Rs. 14,000/- p.m. since January 2026. It is

submitted that, considering the illegality committed by the

management, his prayer for back-wages be accepted.

39.   The law on backwages is clear. I am well guided by the

law laid down by the Honorable Supreme Court in the case of

Education Society, Tumsar and ors. Vs. State of Maharashtra

and ors., 2016 AIR(SC) 1700. In the light of the observations

on the disorderly and arbitrary conduct of the Management

and the ‘blind eyes’ policy adopted by the very responsible

authority i.e. the Deputy Director of Education, I deem it

necessary in the interest of justice to partly allow such prayer.
                                    25
                                                             wp-1637-2023

40.     Hence, I pass following order:

                                    ORDER

        I.       The Writ Petition stands allowed;

        II.      Judgment and Order delivered by the
        learned Presiding Officer, School Tribunal Pune
        (Region Solapur) on 18.07.2022 in Appeal No.09
        of 2019 and petitioner’s termination dated
        15.06.2018 are quashed and set aside;

        III.     The   Petitioner    is     held   entitle     for
        reinstatement on the subject-matter post with
        benefit of continuity for all service benefits; with
        50% back wages from the date of termination i.e.
        from 15.06.2018.

        IV.      The respondent management shall reinstate
        the Petitioner on the subject-matter post within
        Two weeks herefrom;

        V.       Within Eight weeks from passing of this
        order, the respondent management shall pay 50%
        of the back wages to the Petitioner.

        VI.      Rule made absolute in above terms.



                                         ( AJIT B. KADETHANKAR, J. )
Rushikesh/2026


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