Section 27 in The Maharashtra Employees of Private Schools (Conditions of Service) Rules, 1981
27. Principles of Termination of Service in the event of retrenchment.
- While terminating the services of employees under the preceding rule, the following principles shall also be observed, namely :(a)In the case of reduction in the number of classes at the High School stage, i.e.. Standards VIII to X, the services of the junior-most teacher in the category of trained graduates shall be terminated.(b)In the case of reduction in the number of classes at the Middle School stage, i.e., Standards V to VII the services of the junior-most teacher in the category of trained undergraduates shall be terminated.(c)If there are some teachers who entered the services as (i) untrained Matric/S.S.C. or (ii) Matric/S.S.C., S.T.C. or its equivalent and changed their category on improving qualifications as (i) untrained graduate or (ii) trained graduate, respectively and if the situation demands that their services are required to be terminated under rule 26, they shall be given option either to go back to the original category if (i) untrained Matric/S.S.C. or (ii) trained Matric/S.S.C. etc. On their doing so, the services of the junior-most teacher in that category shall be terminated.(d)In case the Management runs more than one school and in case the retrenchment is to be effected under rule 26 in any one of the schools, run by it or in case any one of its schools is required to be closed either due to withdrawal of recognition or due to the decision of the Management to close it while effecting retrenchment, the principle of common seniority of employees working in all the schools conducted by it shall be observed along with the above principles.(e)When any retrenchment is to be effected. members of Backward Classes already in service shall not be retrenched though liable to retrenchment according to their seniority, if their strength in the school does not exceed the percentage of reservation prescribed in sub-rule (7) of rule 9. In their place, an equal number of other non-backward Class members of the staff shall be retrenched subject, however, to the condition that, as between the permanent and temporary employee, the temporary employee shall be retrenched irrespective of the fact that he belongs to the Backward Class.
