Bombay High Court on Temporary Appointment and Abandonment in Aided Schools.

Headnote:

The Bombay High Court allowed a Letters Patent Appeal filed by Surya Education Society challenging the order of the Single Judge which reinstated Girija Pandey, a temporary appointee, with back-wages. The Court held that Respondent No.1 had been appointed on a temporary basis without an appointment letter or advertisement, had abandoned service without explanation, and the provisions of Section 5 of the Maharashtra Employees of Private Schools (Conditions of Service Regulation) Act, 1977 (MEPS Act) and Rule 9 of the MEPS Rules were not satisfied. Consequently, the impugned order reinstating the employee was quashed.

Background:

1. Respondent No.1 was appointed on 12 June 1989 as a temporary teacher in a fully aided government school, claiming she filled a permanent vacancy.
2. She suffered illness and abandoned service on 14 December 1991 without informing the school. The school repeatedly requested her to resume work, but she did not.
3. Respondent No.1 filed an appeal before the School Tribunal under Section 9(a) of the MEPS Act in 1992, which was dismissed for delay and because her appointment was temporary.
4. She later filed Writ Petition No. 3349/1998, which was allowed by the Single Judge in 2007, granting reinstatement with back-wages.
5. The Appellant Society challenged this order via a Letters Patent Appeal.

Court’s Observations:

1. Appointment to permanent vacancies under Section 5 of the MEPS Act requires a proper appointment letter, advertisement, and compliance with prescribed procedures.
2. Respondent No.1 was appointed temporarily without following Rule 9 of the MEPS Rules.
3. As a non-permanent employee, failure to apply for leave within seven days from absence amounted to abandonment under Rule 16(2).
4. The Single Judge erred in interpreting Section 5(2) and granting reinstatement and back-wages, ignoring that Respondent No.1 had abandoned service.
5. Temporary appointees who abandon service without following statutory procedures are not entitled to reinstatement or back-wages.

Legal Provisions Discussed:

1. Section 5, Maharashtra Employees of Private Schools (Conditions of Service Regulation) Act, 1977 – Appointment and probation of employees in permanent vacancies.
2. Rule 9, Maharashtra Employees of Private Schools (Conditions of Service) Rules, 1981 – Procedure for appointment, advertisement, and issuance of appointment letter.
3. Rule 16, MEPS Rules – Leave, abandonment, and breach of discipline.

Decision

1. Letters Patent Appeal allowed; impugned order dated 27 September 2007 quashed and set aside.
2. Civil Application Nos. 116 of 2008 and 380 of 2009 disposed of.
3. No costs awarded.

Citation: 2025:BHC-AS:50742-DB

Case: Surya Education Society & Ors. v. Girija Pandey & Ors.

Court: High Court of Judicature at Bombay

Coram: G. S. Kulkarni & Aarti Sathe, JJ.

Date of Decision: 24 November 2025

Letters Patent Appeal No.: 101 of 2008

Writ Petition No.: 3349 of 1998