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Bombay HC Grants Relief to Terminated Teachers of Jalna School

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The Aurangabad bench of the Bombay High Court granted relief to seven teachers terminated by the management of an English medium school in Jalna.

A bench of Justices Ravindra Ghuge and Y G Khobragade issued an order staying the termination of these teachers from M S English School in Jalna.

These teachers, part of a group of 42 educators represented by advocate Talhar Ajay, had filed a writ petition. They highlighted concerns about the inadequate and irregular salaries they were receiving, along with their abrupt termination by the school management.

With service periods ranging from six to 26 years, these educators asserted that they were terminated without prior notice or cause, despite receiving annual temporary appointment orders. Their salaries were irregular and meager, fluctuating between Rs 12,000 to Rs 30,000.

The bench expressed concern about the situation, stating that if these teachers had been consistently working for such durations, branding them as temporary employees seemed excessive. The court emphasized the need for the regularization of trained graduates after a probationary period in such schools.

Furthermore, the bench highlighted that even in the industrial sector, temporary appointments are subject to specific regulations, and certain mandates exist regarding the regularization of employment.

The court dismissed the school management’s claim that the case belonged under the School Tribunal under the MPEPS Act. As an interim measure, the court suspended the termination order and instructed the school to deposit outstanding salaries and pay up until November 2023 in court.

Additionally, the court directed the divisional deputy director of education in the Aurangabad division to gather comprehensive details about the school’s operations and present a detailed report.

The school management was given a deadline to submit its response by December 6, 2023.

 

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About the Author: Nunnem Gangte