PRESIDENT SECRETARY SHIVDATT EDUCATION Vs. RAMLOCHAN RAJBALI PATEL

JUDGEMENT

(1.) These writ petitions under Article 226 of the Constitution of India are directed against the order of the Presiding Officer, School Tribunal dated 6th March, 2008 allowing the Appeals of the Teachers and setting aside the termination order issued by the Management. The order further directs reinstatement of the teachers/appellants before the Tribunal to the post of Assistant Teacher with 50% back wages and continuity of service.

(2.) The only contention raised before me is that the provisions of amended Act XIV of 2007 which amend the Maharashtra Employees of Private Schools (Condition of Service)Regulations Act, 1977 in so far as section 12 and contract teachers appointed under Govt. Resolution dated 13th October, 2000 does not have retrospective effect.

(3.) There were conflicting views expressed by this Court with regard to this aspect. In other words whether Shikshan Sevak, on completion of 3 years or 30 months service and appointed on regular basis as assistant teacher in terms of clause 8 of the Govt. Resolution dated 13rd October, 2000 is required to be appointed as a confirmed teacher or a teacher on probation. One Division Bench of this Court took a view that after completion of 3 years service, Shikshan Sevak has to be absorbed on regular pay scale. Another Division Bench took a view that after completion of 3 years service, Shikshan Sevak has to be appointed on fresh appointment to the post of Assistant Teacher on probation. It appears that in this very matter an interim order of the Tribunal was challenged in Writ Petition No. 4645 of 2006. When that writ petition was placed before the learned Single Judge of this Court (B. H. Marlapalle J.) he noticed the conflicting views and directed the papers to be placed before the Honble the Chief Justice for constituting the Full Bench to resolve the issue. Accordingly, Full Bench was constituted by the Honble the Chief Justice. During pendency of the reference, the State of Maharashtra amended the Act of 1977 and introduced several amendments thereto.