Oral termination of a permanent employee without mandatory inquiry or statutory notice is illegal and warrants reinstatement with full backwages.

The Petitioner was appointed as a Librarian in 2009 at Respondent No. 6 College (managed by Respondent No. 1 Trust), with appointment approval granted by the State until 31.08.2011.

In 2014, due to the college's closure, the Petitioner was transferred/absorbed into N.E.S. High School as a permanent Junior Clerk.

He served without complaint until 22.07.2019, when he was orally terminated without notice or inquiry and replaced by Respondent No. 8.

The School Tribunal, Pune, dismissed the Petitioner's appeal on 23.09.2022, holding him to be a temporary employee whose appointment lacked the Education Officer's approval.

The Petitioner challenged this dismissal via Writ Petition.

1. Whether the Petitioner's oral termination was illegal for non-compliance with the mandatory procedures prescribed under the MEPS Act and Rules.

2. Whether the Petitioner attained the status of a permanent employee or deemed permanency due to ten years of continuous service.

3. Whether the Petitioner is entitled to reinstatement with full backwages despite the Tribunal awarding only six months' compensation.

Section 5 of the Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977 regarding deemed permanency.

Rule 26 of the MEPS Rules, 1981 regarding the mandatory procedure and prior approval for retrenchment due to closure or reduction in establishment.

Rule 28 of the MEPS Rules, 1981, which mandates one month’s notice or salary for the termination of temporary employees.

Doctrine from Bharat Education Society's Junior College v. Balaraman Vembulu (2000) regarding mandatory adherence to Rule 26.

Principle from Constable Uma Shankaran v. Union of India (2026) regarding the entitlement to backwages when termination is held illegal and there is no proof of alternate employment.

The Court found that the Petitioner had rendered ten years of unblemished, continuous service (2009–2019), supported by records such as TC books, receipts, and government training certificates, which established his continuity and status.

The Court rejected the Respondents' claim of "temporary status," noting that even for temporary employees, Rule 28(1) requires one month's notice and written reasons, neither of which were provided.

The Court observed that the Respondents failed to produce vital staffing documents despite the Tribunal's orders, leading to an adverse inference.

The Court held that the unilateral oral termination without a departmental inquiry, show-cause notice, or prior approval from competent authorities under Rule 26 was a flagrant violation of the "due process of law".

The Court directed the immediate reinstatement of the Petitioner to his post at N.E.S. High School and ordered Respondent No. 1 to pay full backwages from 22.07.2019 until reinstatement, along with 9% interest per annum, within two weeks.