Court : Mumbai Aurangabad
..... solvent and shall also be interested in educational progress. 29. considering the overall situation in the light of the cases dealt with by this court under the meps act and the rules, the time has come for the state of maharashtra to create some embargo or restriction on the private managements of the school and educational institutions from ..... , the proprietary body may choose the manager in accordance with the rules in that behalf referred to in rule 2. (4) the educational agency shall be bound by the acts of the manager. 28. rule 8 of the kerala education rules, 1959 reads as under:- 8. persons connected with management not to be appointed in schools - (1) ..... ago, was illegal. after terminating their services, the kith and kin of the management are appointed in their place. the proviso to section 5(1) of the meps act, 1977 is blatantly violated. in a recent judgment delivered by this court in the matter of vasant shikshan prasarak mandal through its president and others vs. the state of .....
Tag this Judgment!Court : Mumbai Aurangabad
..... management shall take a decision considering the overall performance of the appellant /employee of 2 years as a probationer in accordance with the requirements of the 1977 act and 1981 rules and pass, necessarily, a reasoned order with regard to whether the appellant employee deserves to be confirmed in service. needless to state that ..... to such employees and to enable them to discharge their duties effectively and efficiently for the benefit of the students, the society and the institution. the act is introduced also to lay down the duties and functions of such employees and to ensure that they are accountable to the management and they render ..... his employment. therefore, an employee, in such a situation, cannot be rendered defenseless. 32. shri dankh, learned advocate submits that abandonment of service is a voluntary act. it amounts to giving up employment by an employee. however, that is an opinion formed by an employer on the basis of unauthorized absenteeism. abandonment, therefore, .....
Tag this Judgment!Court : Mumbai Aurangabad
1. This group of Civil Revision Applications arises from common order passed by District Judge-1, Osmanabad, on 16.1.2013 (hereinafter referred as impugned order), in group of Misc. Civil Appeals having Nos.50/2012 to 60/2012. The common order was passed in Misc. Civil Appeal No.51/2012 and the copies of the order were kept in other Misc. Civil Appeals. Counsel for both sides have submitted that, in all these appeals, the parties are common except for respondent No.9, the obstructionist in the execution proceedings. Both the counsel argued by referring to the Petition in Civil Revision Application No.49/2013 and agreed that, rest of the Revision Applications have similar facts and points of law involved. I will refer to the petition and documents from Civil Revision Application No.49/2013. 2. In a sentence, what has happened in these matters is that, in the course of execution filed by the decree holder to recover possession from the judgment debtor, various obstructionists filed appli...
Tag this Judgment!Court : Mumbai Aurangabad
..... elaborately set out the procedure for the assessment of the probationer's performance and writing of his confidential reports. when a special statute like the meps act has provided for a specific procedure to be followed while terminating the employment of a probationer on the ground of unsatisfactory performance, the said procedure is ..... if the two provisions are read together, it would mean that before taking recourse to the powers vested under sub-section (3) of section of the meps act, the performance of an employee appointed on probation would have to be taken into consideration by the school management before terminating his services. 15. ......................... 16. ..... for termination after the conclusion of their probation periods and the identically placed 6 other teachers were not disturbed. the school tribunal could not have ignored this act of victimization of the employer. 28. rule 15 of the 1981 rules pertains to the writing of confidential reports. rule 15 reads as under:- (1 .....
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