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

Headnote:

The Bombay High Court allowed the Letters Patent Appeal filed by Surya Education Society against the order of the Single Judge reinstating a temporary teacher and granting back wages. The Court held that the Respondent was never appointed to a permanent vacancy in accordance with the Maharashtra Employees of Private Schools (Conditions of Service Regulation) Act, 1977 (MEPS Act) and the Rules, had abandoned her service without leave or explanation, and that the Single Judge erred in applying Section 5(2) and Section 5(4) of the MEPS Act to grant reinstatement.

Background:

1. Respondent No.1 was appointed in 1989 as a temporary teacher at Surya Education Society, claiming it was a permanent vacancy.
2. She absented from duty from 14 December 1991 due to illness, without prior leave or notification.
3. The school issued multiple notices; Respondent submitted medical certificates and an experience certificate later, which were disputed by the school.
4. School Tribunal dismissed her appeal in 1996, stating the appointment was temporary and there was delay in filing the appeal.
5. Respondent filed Writ Petition (1998), which was allowed by the Single Judge in 2007, granting reinstatement with continuity of service and back wages.
6. Appellant School challenged this order by Letters Patent Appeal (2008).

Court’s Observations:

1. Appointment to a permanent vacancy must follow Section 5 of the MEPS Act and Rule 9 of MEPS Rules, including issuance of appointment letter and following prescribed procedure.
2. Respondent No.1 was never issued an appointment letter, nor was any permanent vacancy proved; she was a temporary appointee.
3. Respondent had abandoned service in December 1991 without sufficient cause or leave application.
4. Rule 16(2) clearly provides that absence without leave by a non-permanent employee is deemed abandonment of service.
5. The Single Judge erred in interpreting Section 5(2) and 5(4) to apply to a temporary employee who abandoned service.
6. The grant of back wages was also held to be unjustified.

Legal Provisions Discussed:

1. Section 5, Maharashtra Employees of Private Schools (Conditions of Service Regulation) Act, 1977 (MEPS Act) – Appointment to permanent vacancy, probation, confirmation, and reappointment.
2. Rule 9 & 16, Maharashtra Employees of Private Schools (Conditions of Service) Rules, 1981 – Procedure for appointments, advertisement, leave, and abandonment.
3. Article 226, Constitution of India – Writ jurisdiction of High Courts.

Order

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

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