9911796707
TMI Blog1996 (9) TMI 630X X X X Extracts X X X X X X X X Extracts X X X X ..... 2. The petitioner is a Science College and the respondent No. 1 was appointed by order dated 26.9.1991 as a part-time teacher purely on temporary basis to teach the subject of Biology (Botany) eventhough the respondent No. 1 is possessed of M.Sc. degree in Zoology. This was not a regular appointment in a clear vacancy and therefore, his appointment was on hour basis @ ₹ 10/-per clock hour. It was a purely temporary appointment subject to the approval from the Education Officer and the Local Managing Committee of the College. Thus, the petitioner was in service from 1st Oct. 1981. His services were terminated by order dated 16th March 1982 with effect from 17th March, 1982 since there was no work for respondent No. 1. However, in the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t the respondent No. 1 might have taken Botany upto graduation and, therefore, his appointment was approved. It was further observed that, therefore, in the academic Sessions 1982-83, he should have been continued when the post became full-time. It was further observed that it was a clear vacancy and as the respondent No. 1 was possessed of requisite qualification, he ought to have been appointed on probation for two years and not for a specific period and, thus, the Tribunal observed that the appellant was appointed on probation of two years under Section 5 of the Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977 and termination of his service from 17th March 1982 is treated void, because the service rul ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 5. It is pertinent to note that the appointment of the respondent No. 1 was mid-session appointment on clock-hour basis and was equally a purely temporary one. It appears that the said appointment was issued by the Principal of the petitioner college and, therefore, the appointment was made subject to approval of the Local Managing Committee also. Accepting this order, the respondent No. 1 worked on clock-hour basis since 1st Oct. 1981 to 17th March 1982. During this period, it was never complained that there is clear vacancy and, therefore, the respondent No. 1 is entitled to an appointment on regular basis in a time scale. So also it will be evident that after termination, in response to the fresh advertisement, he preferred application ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ill such vacancy. The order of appointment shall be drawn up in the form prescribed in that behalf and shall state the period of appointment of such person. Rule 10 of the Rules of 1981 framed under the MEPS Act provides categories of the employees. According to this rule, employees shall be permanent or non-permanent. Non-permanent employees may be either temporary or on probation. Temporary employee is one who is appointed in temporary vacancy for a fixed period. Reading Section 5 alongwith Rule 10, it is clear that as soon as possible, the Management shall fill in the permanent post by appointing a person duly qualified to fill such vacancy. It will be further clear that the non-permanent employees may be temporary or on probation and th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... urther to be noted that eventhough the respondent No. 1 was Scheduled Caste candidate, the candidate selected for the said post viz. Smt. A.V. Dange is also a scheduled caste candidate possessing superior qualification than the respondent No. 1 as she is M.Sc. in Botany and, therefore, the grievance of the respondent No. 1 that being scheduled caste candidate he was entitled to be appointed, is not worth-appreciating. 9. Section 9 of the MEPS Act provides that the appeal shall lie to the School Tribunal and the said appeal shall be made by the employee within 30 days from the date of receipt by him of order of dismissal, removal or otherwise termination of his service. Sub-section (3) of Section 9 provides that the Tribunal may entertain ..... X X X X Extracts X X X X X X X X Extracts X X X X
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