Case Note & Summary
The Petitioner, Smt. Meena Ramchandra Puranik, filed a Writ Petition under Articles 226 and 227 of the Constitution of India seeking a writ of mandamus to direct the Respondents to confirm her to the post of Accountant with Respondent No. 1 College, and to quash the order of Respondent No. 3 (Director of Higher Education) dated Nil received on 19.04.2002. The Petitioner initially worked as a Clerk with the University of Pune from July 1970 to December 1976. She then joined Respondent No. 1 College, Sir Parshurambhau College, Pune, as an Accounts Clerk on 7th January 1987. She was promoted to the post of Accountant in 1995 and continued in that position until her retirement on 31st October 2001. Despite her long service, the College did not confirm her appointment, and the Director of Higher Education refused to approve her appointment. The Petitioner sought confirmation and regularisation of her service. The Court examined the facts and found that the Petitioner had worked for over 14 years without any adverse remarks, and the College had treated her as an employee. The Court held that the Petitioner had a legitimate expectation of confirmation and that the failure to confirm her was arbitrary. The impugned order of the Director of Higher Education was quashed, and the Respondents were directed to confirm the Petitioner to the post of Accountant with effect from the date of her initial appointment, with all consequential benefits. The Court also directed that the Petitioner be paid arrears of salary and other benefits within three months.
Headnote
A) Service Law - Confirmation of Employment - Regularisation of Service - Petitioner worked as Accounts Clerk/Accountant from 1987 to 2001 without confirmation - College failed to follow regularisation process - Held that the Petitioner is entitled to be confirmed as Accountant with effect from the date of her initial appointment, and the impugned order of the Director of Higher Education is quashed (Paras 1-14). B) Service Law - Legitimate Expectation - Deemed Confirmation - Petitioner continued in service for 14 years without any adverse order - College and University treated her as an employee - Held that the Petitioner had a legitimate expectation of confirmation, and the failure to confirm her amounts to arbitrary action (Paras 5-10). C) Service Law - Approval of Appointment - Director of Higher Education - Impugned order dated Nil received on 19.04.2002 refusing approval - Held that the order is unsustainable as it was passed without considering the Petitioner's long service and the College's own conduct (Paras 11-14).
Issue of Consideration
Whether the Petitioner, who worked as an Accounts Clerk/Accountant for over 14 years without being confirmed, is entitled to confirmation and regularisation of her service, and whether the impugned order of the Director of Higher Education refusing approval for her appointment is sustainable.
Final Decision
The Court allowed the Writ Petition. The impugned order of the Director of Higher Education dated Nil received on 19.04.2002 was quashed and set aside. The Respondents were directed to confirm the Petitioner to the post of Accountant with effect from the date of her initial appointment, with all consequential benefits including arrears of salary and other benefits, to be paid within three months.
Law Points
- Confirmation of employment
- regularisation of service
- deemed confirmation
- legitimate expectation
- service rules of aided colleges
- Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act
- 1977
