Deorao Gulabsing Rathod vs Sarvodaya Mahila Mandal, ...
2022 Latest Caselaw 7535 Bom

                                                            1                             931.WP.4468-2022.odt




               IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                         NAGPUR BENCH AT NAGPUR

                            WRIT PETITION NO. 4468 OF 2022
( Shri Deorao Gulabsing Rathod Vs. Sarvodaya Mahila Mandal & Ors. )

Office Notes, Office Memoranda                          Court's or Judge's orders
of Coram, Appearances, Court's
orders     or    directions and
Registrar's orders

                                  Mr. P.N. Shende, Advocate for the Petitioner.
                                  Mr. Nitin Rode, A.G.P. for the Respondent No.3/State.



                                  CORAM:        AVINASH G. GHAROTE, J.

DATED : 2nd AUGUST, 2022.

Heard Mr. Shende, learned counsel for the petitioner.

2. The petition challenges the judgment dated 01.07.2022, whereby the appeal filed by the petitioner against her termination dated 25.06.2004 has been dismissed. The petitioner was appointed as a Shikshan Sevak by the order dated 23.06.2001 for a period of 3 years commencing from 25.06.2001 till 25.06.2004 (page 13). The approval to the services of the petitioner for the aforesaid period was also granted by the Education Officer by the communication dated 27.08.2001 (page 16). The services of the petitioner are claimed to have been terminated by the management by the communication dated 25.06.2004 with effect from 25.06.2004 (page 18). It is contended relying upon Rule 5(2A) of the Maharashtra Employees in Private Schools (Conditions of Service Regulation Act (for short the 2 931.WP.4468-2022.odt

"M.E.P.S. Act") that upon completion of the period of probation for 3 years, which expired on 24.06.2004, the services of the petitioner stood confirmed relying upon the Full Bench in Ram Avadh Mahel Pal Vs. Shivdutta Educational Trust and others, 2007(6) Mh.L.J. 659, and therefore the termination dated 25.06.2004 (page 18) which was after the completion of probation was illegal, as there was no enquiry, the petitioner having attained the status of a confirmed teacher. As against this the learned School Tribunal in the impugned judgment has in para 24 page 57 held that the petitioner became a confirmed employee only on 25.06.2004, however as the services were terminated on 25.06.2004, the provisions of Section 5(2A) of the M.E.P.S. Act, were not attracted.

3. Issue notice to the respondents for final disposal of the matter at the stage of admission itself, returnable on 05.09.2022.

4. Mr. Rode, learned AGP waives service of notice for the respondent No.3/State.

5. Petitioner to serve the respondent Nos. 1 and 2 by all modes permissible in law.

6. Hamdast is granted.

Signed By:SHRIKANT
DAMODHAR BHIMTE                                                         JUDGE
             SD. Bhimte
Signing Date:03.08.2022 18:36