SAHEBDAS SAKHARAM BORKAR Vs. MAHARASHTRA RURAL EDUCATION SOCIETY,LAKHANDUR
LAWS(BOM)-2017-4-66
HIGH COURT OF BOMBAY (AT: NAGPUR)
Decided on April 12,2017

SAHEBDAS SAKHARAM BORKAR Appellant
VERSUS
MAHARASHTRA RURAL EDUCATION SOCIETY,LAKHANDUR Respondents

JUDGEMENT

R.K.DESHPANDE,J. - (1.) The School Tribunal, Nagpur, has dismissed Appeal No. STN/252/1995 by its judgment and order dated 8122008 challenging the order of termination dated 2671995. Hence, the employee terminated from the post of Assistant Teacher is before this Court in this petition.
(2.) The School Tribunal records the finding on a preliminary issue that the appointment of the petitioner as untrained graduate teacher on 171986 was legal and valid, but ultimately dismisses the appeal challenging the termination, holding that the petitioner was appointed afresh on 2261994 as Junior College Lecturer for a period from 171994 to 3041995, i.e. on purely temporary basis for a specific period of one academic session. It further holds that in view of this event, the petitioner himself has waived his right to the post of Assistant Teacher. It holds that the Deputy Director of Education rejected the approval to the appointment of the petitioner as Junior College Lecturer on the ground that he was not qualified for appointment to the said post. It further holds that the petitioner did not possess the requisite qualifications for the post of Junior College Teacher, as laid down in Schedule-B in the Maharashtra Employees of Private Schools (Conditions of Service) Rules, 1981 ("the MEPS Rules").
(3.) The petitioner claims that he was initially appointed on 171986 as untrained graduate teacher, and at that time, he was holding Master's Degree in Arts, i.e. M.A. The said order of appointment is not placed on record of the School Tribunal. It is also not placed on record of this Court. The petitioner has placed on record the order of appointment dated 881987, by which he was appointed as Assistant Teacher on purely temporary basis for the Academic Session 198788. He claims to have obtained training qualification on 2051994, and relying upon the provision of Rule 6 of the MEPS Rules read with the Government Resolution dated 1021994, it was claimed before the Tribunal that he was entitled to regularization in service upon obtaining B.Ed., i.e. training qualification. In this background, the Tribunal, relying upon the order dated 2261994, produced by the Management, holds that the appointment of the petitioner was afresh as Junior College Teacher on purely temporary basis from 171994 to 3041995, and the earlier service rendered on the post of Assistant Teacher has been waived by the petitioner.;


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