Case Note & Summary
The petitioner, Mrs. Neeta Saneev Dighe, was appointed as a temporary lecturer in botany at B.N.N. College of Arts, Science and Commerce, Bhiwandi, affiliated to the University of Bombay. She was initially appointed on 29 November 1990 on a temporary basis until 20 April 1991. Subsequently, she was appointed to a reserved post by letter dated 25 August 1991, effective from 19 August 1991, on a temporary basis until 20 April 1992. Her appointment was renewed for the period 20 June 1992 to 20 April 1993. She claimed that she continued to work in the academic year 1993-1994, but was not allowed to sign the muster roll and was prevented from holding lectures after she wrote to the Principal. She filed an appeal under Section 58 of the Maharashtra Universities Act, 1994 before the College Tribunal, which was dismissed on 30 March 1995. The petitioner then filed a writ petition in the Bombay High Court challenging the Tribunal's order. The court found that the petitioner's services were terminated without any notice or opportunity of hearing, which violated principles of natural justice. The court held that even a temporary employee has a right to be heard before termination. The court set aside the Tribunal's order and directed the college to reinstate the petitioner and consider her for regularisation in accordance with the rules and the University's approval. The court also noted that respondent No.4, who was appointed later, would not be affected at this stage.
Headnote
A) Service Law - Termination of Temporary Employee - Violation of Natural Justice - The petitioner, a temporary lecturer, was terminated without notice or opportunity of hearing. The court held that even a temporary employee has a right to be heard before termination, and the termination was illegal. (Paras 1-5) B) Service Law - Regularisation - Appointment to Reserved Post - The petitioner, an open category candidate, was appointed to a reserved post. The court directed the college to consider her for regularisation in accordance with the rules and the University's approval. (Paras 3-5)
Issue of Consideration
Whether the termination of the petitioner's services as a temporary lecturer was illegal and whether she is entitled to reinstatement and regularisation.
Final Decision
The court allowed the writ petition, set aside the order of the College Tribunal dated 30 March 1995, and directed the college to reinstate the petitioner and consider her for regularisation in accordance with the rules and the University's approval.
Law Points
- Termination of temporary employee without notice
- Violation of natural justice
- Regularisation of service
- Section 58 Maharashtra Universities Act 1994
- Appointment to reserved post by open category candidate
