Bombay High Court on Temporary Appointment and Abandonment of Service: Appointment Procedure Must Be Followed.

Headnote:

The Bombay High Court allowed a Letters Patent Appeal filed by a government-aided school challenging the reinstatement and back-wages granted to a teacher by the Single Judge. The Court held that the respondent teacher was appointed on a temporary basis without following the statutory procedure under the Maharashtra Employees of Private Schools (Conditions of Service Regulation) Act, 1977 (MEPS Act) and the MEPS Rules. Since there was no appointment letter, no advertisement, and the teacher had abandoned her service without leave, the Single Judge’s order reinstating her and granting back wages was set aside.

Background:

1. Respondent No.1 was appointed on 12 June 1989 as a temporary teacher in a fully government-aided school, allegedly against a permanent vacancy.
2. She fell ill with jaundice and abandoned service from 14 December 1991 without informing the school.
3. Despite repeated letters from the school to resume duties, the respondent did not return.
4. The school disputed her medical certificates and claimed her services were abandoned.
5. Respondent filed an appeal under Section 9(a) of the MEPS Act before the School Tribunal, which was dismissed primarily on delay and temporary appointment.
6. She then filed Writ Petition No. 3349/1998 before the High Court, which allowed her reinstatement with full continuity of service and back-wages.
7. The school filed the present Letters Patent Appeal challenging this order.

Court’s Observations:

1. Appointment to a permanent vacancy under Section 5 of the MEPS Act requires an appointment letter, advertisement, and compliance with the prescribed procedure.
2. Respondent was never issued an appointment letter and was not appointed against a permanent vacancy.
3. Temporary employees failing to apply for leave within seven days of absence are deemed to have abandoned service under Rule 16(2) & (3) of the MEPS Rules.
4. Section 5(2) & (4) of the MEPS Act, which confer permanency after probation, do not apply to temporary appointees.
5. The Single Judge erred by interpreting the respondent’s temporary appointment as permanent and granting reinstatement and back-wages.

Legal Provisions Discussed:

1. Section 5, Maharashtra Employees of Private Schools (Conditions of Service Regulation) Act, 1977 – Appointment of teachers, probation, and confirmation.
2. Rule 9, Maharashtra Employees of Private Schools (Conditions of Service) Rules, 1981 – Procedure for appointments including advertisement, application, and issuance of appointment letter.
3. Rule 16(2) & (3), MEPS Rules – Leave rules and consequences for non-permanent employees failing to apply for leave within 7 days.

Decision

1. Letters Patent Appeal allowed.
2. Single Judge’s order dated 27 September 2007 reinstating Respondent No.1 and granting back-wages quashed and set aside.
3. Civil Applications Nos. 116 of 2008 and 380 of 2009 disposed of.
4. No costs.

Citation: 2025:BHC-AS:50743-DB

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

Court: High Court of Judicature at Bombay, Civil Appellate Jurisdiction

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