Case Note & Summary
The petitioner, Sheshmani K. Dubey, was initially appointed as a Technical Assistant with the University of Mumbai on 13.03.1986. Subsequently, after selection by a properly constituted Selection Committee, he was appointed as a Lecturer in Physics against a reserved post on 13.08.1996. The petitioner held a Ph.D. degree obtained before 1993, which exempted him from the NET/SET requirement. He continued in service from 1996 to 2000 on a year-to-year basis without any breaks. The respondent-University issued advertisements on 06.09.2002 and 07.09.2002 for three reserved posts of Lecturer. However, without any show cause notice or opportunity of hearing, the University passed an order on 19.03.2003 terminating the petitioner's services. The petitioner challenged this termination order by way of a writ petition under Article 226 of the Constitution of India, seeking reinstatement with continuity of service and backwages, as well as pensionary benefits under the Maharashtra Civil Services (Pension) Rules. The court noted that the termination order was passed in gross violation of the principles of natural justice, as no opportunity was given to the petitioner to explain his case. The University's contention that the appointment was irregular due to lack of approval from the Joint Director was rejected, as the petitioner had continued in service for several years and the appointment was made by a duly constituted Selection Committee. The court held that the impugned order could not be sustained and directed the University to reinstate the petitioner as a Full Time Lecturer with continuity of service and full backwages from the date of termination till the date of reinstatement. The court also directed that the petitioner be paid his salary regularly and that the arrears be paid within a specified period.
Headnote
A) Service Law - Termination - Natural Justice - Audi Alteram Partem - Constitution of India, Article 226 - Termination of a Lecturer without issuing a show cause notice or affording an opportunity of hearing is violative of principles of natural justice. The court held that the impugned order dated 19.03.2003 terminating the petitioner's services was passed in gross violation of natural justice and cannot be sustained (Paras 1-15). B) Service Law - Appointment - UGC Regulations - Reservation - University of Mumbai Act, 1974 - The petitioner's appointment as Lecturer against a reserved post after selection by a properly constituted Selection Committee was valid. The court held that the University's contention that the appointment was irregular due to lack of approval from the Joint Director was not tenable as the petitioner continued in service for several years with deemed approval (Paras 3-10). C) Service Law - Reinstatement - Backwages - Continuity of Service - The court directed reinstatement of the petitioner as Full Time Lecturer with continuity of service and backwages from the date of termination till reinstatement, as the termination was illegal and the petitioner had been kept out of service without any valid reason (Paras 14-15).
Issue of Consideration
Whether the termination of the petitioner's services as Lecturer was valid and in compliance with principles of natural justice and UGC Regulations.
Final Decision
The court allowed the writ petition, quashed the termination order dated 19.03.2003, and directed the University of Mumbai to reinstate the petitioner as a Full Time Lecturer with continuity of service and full backwages from the date of termination till the date of reinstatement. The court further directed that the petitioner be paid his salary regularly and that the arrears be paid within a period of eight weeks from the date of the judgment.
Law Points
- Natural justice
- audi alteram partem
- termination without notice
- UGC Regulations
- reservation
- deemed approval
- backwages
- reinstatement
