School Tribunal Draft for Appeal

BEFORE THE PRESIDING OFFICER ADD. SCHOOL TRIBUNAL AT NAVI MUMBAI APPEAL No.11 /2010

Mrs. Pradnya S Gaonkar Appellant Versus

The President, Sai Shiva Educational Trust, & Others Respondents

INDEX

SR. NO PARTICULARS PAGE NO.

1 Appeal 1

2 Stay Application 4

3 List of documents 6

4 Exhibit -1

Appointment Letter of Appellant

7

5 Exhibit -2

Representation of Appellant

8

6 Exhibit -3

Recruitment Rules For Post of Clerk/ Typist

10

7 Exhibit -4

Mark list & Certificate of Appellant

11

8 Exhibit -5

Teachers Association for Non – aided Polytechnic’s Letters

15

9 Exhibit-6

Sai Shiva Educational Trust’s Muchhala Polytechnic Letter

21

10 Affidavit by Appellant 22

11 Declaration by Appellant 23

BEFORE THE PRESIDING OFFICER ADD. SCHOOL TRIBUNAL AT NAVI MUMBAI APPEAL No.11/2010

Mrs. Pradnya S GaonkarAdult, Occupation: Service4/404, Aditya apartment, Padwal Nagar, Wagle Estate, Thane-400604 Appellant Versus

1) The President,Sai Shiva Educational Trust,Ground Floor, Amar Mahal,Near Chandan Cinema,A.D.Road, Juhu, Mumbai – 400 049

2) The Principal,Sai Shiva Educational Trust’sMuchhala Polytechnic,Sai Baba Vihar Complex,Anandnagar, Ghodbander Road,Thane – 400 601

3) Director, Technical Education,Directorate of Technical Education,3, Mahapalika Marg, Mumbai-400001

4) Joint Director,Technical Education Regional Office,World Bank Project Building, Govt. Polytechnic Campus, 49-Kherwadi, Aliyawar Jung Marg, Bandra (East), Mumbai-400 051 Respondents

APPEAL U/S 9 OF M.E.P.S. ACT AGAINST THE ORDER OF ORAL TERMINATION W.E.F. 30/3/2010.

The Appellant most respectfully submits as under:-

1. The Appellant was appointed as a Clerk in Sai Shiva Educational Trust’s Muchhala Polytechnic, Thane since 1997 in a permanent vacancy. The Appellant is in continuous service of the management till the date of verbal termination i.e. 30/3/2010. The Appellant is holding the requisite qualification for the post of Typist / Clerk & was issued an appointment order vide letter No. nil dated 17.11.1997.

2. The Respondent No. 1 is the President of the trust by name “Sai Shiva Educational Trust” duly registered under Public Trust Act vide register No. E-15422 Mumbai dated 22.12.1994. The Respondent No. 2 is the Principal of Sai Shiva Educational Trust’s Muchhala Polytechnic, Thane run by Sai Shiva Educational Trust. The Respondent No. 3 & 4 are the authorities overall controlling & supervising the various Polytechnics & Colleges as per the provisions of M.E.P.S. Act.

3. The Appellant submits that since her appointment in the Polytechnic till March 2010 have not received any memo or show cause notice & rendered her service to the utmost satisfaction of the management. The Appellant was not appointed on the reserved post. Thus the Appellant is a permanent employee.

4. The Appellant submits that she along with the non-teaching members joined the Teachers Association for Non Aided Polytechnics; registered associations of employees working in Non Aided Polytechnics vide registration No. F-9643 dated 8.6.1994 for the implementation of 6th Pay Commissions Pay scales & other issues.

5. The Appellant submits that she was orally instructed not to report for duties & prevented from signing the muster roll w.e.f. 30/3/2010 and thereby her services were illegally

terminated. The muster roll w.e.f. 30/3/2010 were marked absent even after reporting for duties. The Appellant requested the management to reinstate her but the management pressurised her to withdraw her membership from Teachers’ Association for Non Aided Polytechnics & then only she will be reinstated in the post. Thus the management is in habit of playing the mischief. The management is also in the habit of preparing false & forged document.

6. Being aggrieved by the oral termination order with effect from30.03.2010, the Appellant is filing the appeal on the following grounds.

GROUNDS

I. The oral termination order is against the provisions of law & hence ab-initio-void.

II. The oral termination order is against the principle of natural justice, good conscious & equity.

III. The Respondents failed to follow the provision of M.E.P. S. Act hence the order bad-in-Law.

IV. The Respondents have acted high-handedly & have failed to follow the provisions of Law.

V. The behaviour of Respondents is not only inhuman, vindictive, obnoxious but also illegal and unlawful.

7. The D.D. of Rupees 500/- vide no 457907 drawn on State Bank of India dated 12/4/2010 is annexed herewith towards the requisite court fees.

8. The date of termination is 30/3/2010 with immediate effect. Hence the appeal is within limitation.

9. The Appellant craves leave to rely on various documents listed below:-a) Appointment Letter of Appellant (Exhibit-1)b) Appellants representation letter to Respondents (Exhibit-2)c) Recruitment Rules for the Post of Clerk/Typist (Exhibit-3)d) Mark list & Certificate of appellant (Exhibit-4)e) Teachers’ Association for Non Aided Polytechnics letters (Exhibit-5)f) Sai Shiva Educational Trust’s Muchhala Polytechnic Letter (Exhibit-6)

10. The incident and cause of action aroused within the territorial jurisdiction of this School Tribunal, therefore this Hon’ble Tribunal have right to entertain this matter and decide on merit.

11. No appeal in respect of this matter has been previously filed in any court or before any competent authority or Tribunal.

12. The Appellant therefore prays that :-a) The appeal be allowed by setting aside the oral termination order with

effect from 30/3/2010.b) The order of termination be stayed till the decision of the appeal.c) The Appellant be awarded with all consequential benefits, salary, back-

wages, allowances and emoluments.d) Cost of the appeal is awarded to the Appellant.e) Any other relief as this Honorable Tribunal may deem fit and proper

under the circumstances.

Filed on19/4/2010 Appellant

VERIFICATION

I Pradnya S. Gaonkar adult, residing at Thane, do hereby solemnly declared that whatever is stated in the foregoing paragraph is true and correct and I believe the same to be true, to the best of my knowledge, belief and information.

Solemnly declared at Navi Mumbai on 19th day of April 2010.

Appellant

BEFORE THE PRESIDING OFFICER ADD. SCHOOL TRIBUNAL AT NAVI MUMBAI APPEAL No.11/2010

Mrs. Pradnya S GaonkarAdult, Occupation: Service4/404, Aditya apartment, Padwal Nagar, Wagle Estate, Thane-400604 Appellant Versus

1) The President,Sai Shiva Educational Trust,Ground Floor, Amar Mahal,Near Chandan Cinema,A.D.Road, Juhu, Mumbai – 400 049

2) The Principal,Sai Shiva Educational Trust’sMuchhala Polytechnic,Sai Baba Vihar Complex,Anandnagar, Ghodbander Road,Thane – 400 601

3) Director, Technical Education,Directorate of Technical Education,3, Mahapalika Marg, Mumbai-400001

4) Joint Director,Technical Education Regional Office,World Bank Project Building, Govt. Polytechnic Campus, 49-Kherwadi, Aliyawar Jung Marg, Bandra (East), Mumbai-400 051 Respondents

Application For Stay against execution of Oral Termination Order w.e.f. 30/3/2010 passed by the Respondents.

MAY IT PLEASE YOUR HONOUR

The Appellant most respectfully submits as under:-

1. I say that I have filed an appeal against the oral termination order w.e.f. 30/3/2010.

2. I say that I was appointed in a clear and permanent vacancy, hence I deemed to be permanent employee. My service is orally terminated with effect from 30/3/2010. As such the oral termination order is totally malafide, bad and illegal.

3. I say that the balance of convenience lies in my favour and I have excellent chance to succeed in this appeal.

4. I say that pending the hearing and final disposal of the appeal, the said oral termination order is liable to be stayed. If the oral termination order is not stayed

then I will suffer irreparable loss and cause injury which cannot be compensated in terms of money or any other way.

It is therefore prayed that:-

a) This application may kindly be allowed.

b) Till pending the hearing and final disposal of the present appeal an interim order of stay the oral termination be passed and respondent no 1 & 2 be ordered and directed to continue the appellant in the service and pay him salary, back wages, consequential benefits, emoluments and allowances regularly.

c) Ad-interim stay in terms of prayer clause (b) above be kindly granted.

d) Cost of the application be kindly granted to appellant from respondents.

e) Any other suitable relief to which the appellant may be deemed entitled may be kindly granted.

Filed on19/4/2010 Appellant

VERIFICATION

I Pradnya S. Gaonkar adult, residing at Thane, do hereby solemnly declared that whatever is stated in the foregoing paragraph is true and correct and I believe the same to be true, to the best of my knowledge, belief and information.


Appellant

Exhibit No -230/3/2010

From,Pradnya S Gaonkar4/404, Aditya apartment,Wagle Estate, Thane-400604

To,The Principal,Sai Shiva Educational Trust’sMuchhala Polytechnic,Sai Baba Vihar Complex,Anandnagar, Ghodbander Road,Thane – 400 601

Sub:-Verbal Termination

Respected Sir,

I the undersigned Pradnya Gaonkar working as Clerk in your esteemed institute since 1997 do hereby give my say for action taken on me without any cause.

I have been working in the Administration Section since joining the duties and was suddenly been transferred to Electronic & telecommunication Department on 22/3/2010. I have resumed the duties in the new department and I was shocked when I was informed by the Trustee to go home for not to report for duties.

I have requested the trustee & yourself that I have been working sincerely in my duties last 13 years without any breach of terms and conditions of service laid down in rules or violation of the code of conduct or any other act of similar nature & not to take any action without giving any prior notice/ opportunity to me.

I further request you to allow resuming the duties immediately.

Thank you,

Yours truly,

(P S Gaonkar)

Exhibit No-5

Teachers Association for Non-Aided Polytechnics (TAFNAP)

Ref No:-TAFNAP / MP / 2010 /10 Date:- 22.02.2010

To, 1) The Principal,Sai Shiva Educational Trust’sMuchhala Polytechnic,Sai Baba Vihar Complex,Anandnagar, Ghodbander Road,Thane – 400 6012) The Secretary,Sai Shiva Educational Trust,Ground Floor, Amar Mahal,Near Chandan Cinema,A.D.Road, Juhu, Mumbai – 400 049

Subject: - Implementation of 6th Pay for Non – Teaching Staff & other issues.Respected Sir,Teachers Association for Non-Aided Polytechnics (TAFNAP) is the registered association of employees of self financed institutes in the state of Maharashtra.TAFNAP is actively involved in solving the problems of teaching & non-teaching staff associated with the technical education field in the State of Maharashtra. The non-teaching employees of the Muchhala Polytechnic are the active members of Teachers Association for Non-Aided Polytechnics (TAFNAP).After a meeting with non-teaching staff of your Polytechnic certain problems have been identified for being taken up for solution at an early date. The problems concerning your institute are as under.

1) Implementation of 6th Pay Commission Pay Scales.2) Release of Arrears & meeting current DA status.3) Time Bound promotions.4) Provision for Payment of Gratuity.5) Issue of duplicate copy of service books.

We request you to be kind enough to go into each of these issues & take urgent steps to resolve each one of them within the shortest time frame. We also request that a meeting shall be fixed at your level with the TAFNAP delegates & some non teaching staff of your polytechnic to discuss the issues & to find solutions to these vexed problems. TAFNAP is committed to resolve the issue through meaningful discussions & we hope that you would also like to find a solution through negotiation only.Thanking you,Yours truly

(S.C.Nawle )Executive Member, TAFNAPCell No. 99877 62946E-mail:[email protected]

Copy to,1) The Principal Secretary, Higher & Technical Education Department, M.S.Mumbai-322) The Director, Technical Education Directorate of Technical Education, M.S.Mumbai-013) The Joint Director, Technical Education

Regional office, Mumbai -514) The Secretary,

Maharashtra State Board of Technical Education, Mumbai -515) The Regional Officer,

All India Council for Technical Education, Mumbai -20


TAFNAP / MP / 2010 /15 1.04.2010

To, 1) The Chairman,Sai Shiva Educational Trust,Ground Floor, Amar Mahal,Near Chandan Cinema,A.D.Road, Juhu, Mumbai – 400 0492) The Principal,Sai Shiva Educational Trust’sMuchhala Polytechnic,Sai Baba Vihar Complex,Anandnagar, Ghodbander Road,Thane – 400 601

Subject: - Verbal termination of Pradnya S. Gaonkar, Clerk in Muchhala Polytechnic on Joining the TAFNAP.

Respected Sir,

The Non-teaching employees of the Muchhala Polytechnic have joined the Teachers Association for Non-Aided Polytechnics (TAFNAP) to resolve their prolonged problems through democratic way. A letter was sent on 22.02.2010 by TAFNAP to the management of Muchhala Polytechnic regarding the vexed problem the Non-teaching employees are facing. The management instead of solving the problems is increasing the hardship of the Non-teaching employees by developing the pressure tactics and forcing them to withdraw their membership from TAFNAP.The first step of tactics adopted by management is the victimization of Pradnya S. Gaonkar, Clerk by issuing verbal termination and even not permitting her to enter the institute who has served in Muchhala Polytechnic, for last thirteen years.We request you that if you are interested in taking action against any employee adopt the proper procedure laid down in the Maharashtra Employees Private School Act & not in illegal way.We request you to reinstate Pradnya S. Gaonkar in the institute immediately otherwise the part of strategy to be adopted by Non-teaching employees will be to show the protest for the action taken on Pradnya S. Gaonkar by wearing the black band from 6 th April, 2010 till she is reinstated in the Institute.Thank You,Yours truly

(S.C.Nawle)Executive Member, TAFNAPCell No. 99877 62946E-mail:[email protected]

Encl:-1) TAFNAP Letter dated 22.02.2010 2) Pradnya S. Gaonkar Letter dated 30/3/2010




All India Council for Technical Education, Mumbai -206) The Dy. Labour Commissioner, Thane


TAFNAP / MP / 2010 /20 9.04.2010

To, 1) The Chairman,Sai Shiva Educational Trust,Ground Floor, Amar Mahal,Near Chandan Cinema,A.D.Road, Juhu, Mumbai – 400 0492) The Principal,Sai Shiva Educational Trust’sMuchhala Polytechnic,Sai Baba Vihar Complex,Anandnagar, Ghodbander Road,Thane – 400 601

Subject: - Verbal termination of Pradnya S. Gaonkar & other issues in Muchhala Polytechnic.

Respected Sir,We thank you for inviting the Non-Teaching Staff members on 8/4/2010, For discussing the problems faced by them. During the discussion you have not resolved the issue of Pradnya S. Gaonkar, Clerk in Muchhala Polytechnic nor you have given any assurance on implementation of 6th Pay Commission Pay Scales & other issues. You agreed to implement the payment with current D. A. under 5th Pay Commission Pay Scales w. e. f. June, 2010 only after withdrawing the membership from Teachers Association for Non-Aided Polytechnics (TAFNAP).We request you resolve the issue of Pradnya S. Gaonkar, Clerk in Muchhala Polytechnic immediately & reinstate her; otherwise we will be forced to appeal the case in School Tribunal which will be at the costs and risk of your institution.After filing the case in School Tribunal the Non-Teaching Staff members will withdraw the Black Band Strip protest.Regarding the implementation of 6th Pay Commission Pay Scales & other issues we once again request you to give a thought and resolve the issue for the betterment of the institute as well as staff members.

Thank You,Yours truly

(S.C.Nawle)Executive Member, TAFNAPCell No. 99877 62946E-mail:[email protected]




All India Council for Technical Education, Mumbai -206) The Dy. Labour Commissioner, Thane

Exhibit No-6



The President, Sai Shiva Educational Trust,& Other Respondents

Affidavit

I Pradnya S. Gaonkar adult, residing at 4/404, Aditya apartment, Padwal Nagar, Wagle Estate, Thane-400604 do hereby solemnly affirms and says as follows:-

1. I was appointed as a Clerk in Sai Shiva Educational Trust’s Muchhala Polytechnic, Thane since1997 in permanent vacancy.

2. I am in continuous service of the Muchhala Polytechnic from October1997 till the date of illegal termination w.e.f. 30/3/2010.

3. I am holding the requisite qualification required for the post of Clerk /Typist

4. I was issued an appointment order by Principal, Sai Shiva Educational Trust’s Muchhala Polytechnic, Thane ,vide letter No. nil dated 17.11.1997

5. I was verbally instructed by management of Muchhala Polytechnic not to report for duties & prevented from signing the muster roll w.e.f. 30/3/2010 and thereby my services were illegally terminated. The muster roll w.e.f. 30/3/2010 were marked absent even after reporting for duties.

6. I being aggrieved by the oral termination order with effect from 30.03.2010, I am filing the appeal in School Tribunal.

I say that what is stated aforesaid is true and correct.


(Pradnya S. Gaonkar) Appellant



The President, Sai Shiva Educational Trust,& Other Respondents

DECLARATION

I Pradnya S. Gaonkar adult, residing at 4/404, Aditya apartment, Padwal Nagar, Wagle Estate,

Thane-400604 do hereby declare that I will plead my case before the Presiding Officer,

Additional School Tribunal at Navi Mumbai. I leave crave to appoint the Advocate/School

Representative to plead my case in future if required as per the Provision of M.E.P.S. Act.

Date19/4/2010 Appellant

Documents

School Tribunal Draft for Appeal