AIROnline 2018 Bom 132

Bombay High Court

Hon'ble Judge(s): S. C. Gupte , J

Constitution of India , Art.226, Art.311— Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act (3 of 1978) , S.4A— Maharashtra Employees of Private Schools (Conditions of Service) Rules (1981) , R.31— Back wages - Reversion - Order awarding punishment by Deputy Director of Education - Petitioner appointed as Assistant teacher in respondent school - After 10 years of service promoted as Headmistress - Reverting petitioner to post of Assistant Teacher with major penalty - Petitioner admittedly worked with respondent school as Assistant Teacher after her reversion also and earned salary of Assistant Teacher due to her reversion - There was no recommendation by Committee to management to inflict any particular penalty - Reversion by management, is clearly unilateral and unauthorized act - Setting aside reversion, petitioner must get full benefits of pay and emoluments of Headmistress till her superannuation - Responsibility to pay back wages is on Education Department. .....