PROGRESSIVE EDUCATION SOCIETY & ANR. versus RAJENDRA & ANR.

PROGRESSIVE EDUCATION SOCIETY & ANR. versus RAJENDRA & ANR.

Termination of respondent before completion of probation was not justified due to non-compliance with the objective assessment and record-keeping requirements of Rule 15(6) and Rule 14 of the MEPS Rules, 1981, prior to invoking powers under Section 5(3) of the Act; suspicious documents produced by management; tribunal and High Court orders are upheld.

Parties
Appellant: Progressive Education Society; Respondent: Rajendra; Respondent's Advocate: Asha G. Nair; Respondent's Advocate: P.C. Madkholkar; Respondent's Advocate: Manish Pitale; Respondent's Advocate: Deepak Gupta; Respondent's Advocate: Chander Shekhar Ashri
Jurisdiction
India
Judgment Date
15 February 2008
Procedural Posture
Civil Appeal / Final Supreme Court Appeal Disposition
Outcome
Appeal dismissed
Legal Topics
Termination of Probationer, Conditions of Service, Power of School Management, Assessment Requirements, Compliance With Statutory Rules
Service Law Termination of Probationer Conditions of Service Power of School Management Assessment Requirements Compliance With Statutory Rules

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Parties

Progressive Education Society

Appellant

Rajendra

Respondent

Asha G. Nair

Respondent's Advocate

P.C. Madkholkar

Respondent's Advocate

Manish Pitale

Respondent's Advocate

Deepak Gupta

Respondent's Advocate

Chander Shekhar Ashri

Respondent's Advocate

Procedural Posture

Civil Appeal / Final Supreme Court Appeal Disposition

Legal Issues

  1. 1 Whether termination of a probationer by school management was justified under Maharashtra Employees of Private Schools Act and Rules
  2. 2 Whether requirements of Rule 15(6) and Rule 14 were complied with before invocation of powers under Section 5(3)

Ratio Decidendi

Termination of respondent before completion of probation was not justified due to non-compliance with the objective assessment and record-keeping requirements of Rule 15(6) and Rule 14 of the MEPS Rules, 1981, prior to invoking powers under Section 5(3) of the Act; suspicious documents produced by management; tribunal and High Court orders are upheld.

Court Disposition

Appeal dismissed

Orders

  • No order as to costs
  • Appellant Society directed to reinstate Respondent No.1 in the same post from 1st April, 1997