RAYAT SHIKSHAN SANSTHA HAVING IT S REGISTERED OFFICE AT SATARA, THROUGH IT S SECRETARY, PRATAPRAO NANASAHEB MANE Vs. WAI, DISTRICT
LAWS(BOM)-2017-7-319
HIGH COURT OF BOMBAY
Decided on July 13,2017

Rayat Shikshan Sanstha Having It S Registered Office At Satara, Through It S Secretary, Prataprao Nanasaheb Mane Appellant
VERSUS
Wai, District Respondents

JUDGEMENT

M.S. Karnik, J. - (1.) The petitioner in Writ Petition No.4321/2001 is an Educational Institution in which the respondent no.1 was working as an Assistant Teacher. For the convenience the petitioner in Writ Petition No.4321/2001 is referred to as the Management and respondent no.1 is referred to as the Assistant Teacher. The Assistant Teacher has also filed Writ Petition No.5421/2001 challenging the order of the School Tribunal. The School Tribunal by the impugned order granted reinstatement to the Assistant Teacher with full backwages from 1/10/1994 upto 30/8/1997 and at the rate of 25% backwages from 1/9/1997 till her reinstatement. The impugned judgment and order of the Tribunal is dated 23rd April, 2001. The Management as well as Assistant Teacher both have challenged the order of the School Tribunal by these Petitions.
(2.) Pursuant to the admission of these petitions the Assistant Teacher came to be reinstated and the Management paid over to the Assistant Teacher the backwages as directed by the School Tribunal and as directed by this Court pending decision of these Petitions. The Assistant Teacher has since retired from services.
(3.) The Management appointed the Assistant Teacher in 1974 in one of the Secondary School run by it. On 1st February 1994, the Assistant Teacher was transferred to its Secondary School at Village Bhuinj in Taluka Wai, District - Satara. The Assistant Teacher's husband was also serving in the school run by the Management. The policy of the Management was to post the husband and wife at one place. According to the Assistant Teacher her request for posting at the place where her husband was posted was never considered. Upon acquisition of requisite qualification she was given B.Ed. Scale for one year. Without any rhyme and reason she was given D.Ed. Scale. The Assistant Teacher proceeded on hunger strike and also made representation. It is alleged by the Assistant Teacher that the Management was harassing her by frequently transferring her at odd places. On 25/8/1994, the Assistant Teacher proceeded on medical leave upto 22/9/1994. After completion of her leave period the Assistant Teacher went to join her duties on 1/10/1994, but she was not allowed to resume her duties and she was prevented from signing the muster roll. According to her, she was not allowed to join duties with effect from 1/10/1994 and therefore, she filed the Appeal before the School Tribunal for reinstatement with backwages and consequential benefits as it was her case that she was otherwise terminated from 1st October, 1994.;


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