Case Note & Summary
The petitioner, Sumanbai Bhaurao Shinde, a retrenched worker of the respondent Marathwada Agricultural University, filed a writ petition seeking direction to the respondent to consider her claim for absorption as a permanent employee on an available Class IV post. The petitioner's father's land was acquired for the purpose of the respondent university to start a research centre. The petitioner was initially employed as a daily wager but was later retrenched. The learned counsel for the petitioner submitted that under Section 40 of the Maharashtra Agricultural Universities (Krishi Vidyapeeth) Act, 1960, the petitioner is entitled to preference in employment as her father's land was acquired for the university. The court, after hearing both parties, held that the petitioner is entitled to preference in employment as per Section 40 of the Act. The court directed the respondent to consider the petitioner's claim for absorption as a permanent employee on an available Class IV post, in accordance with the provisions of the Act. The petition was allowed with no order as to costs.
Headnote
A) Service Law - Absorption - Preference in Employment - Section 40 of the Maharashtra Agricultural Universities (Krishi Vidyapeeth) Act, 1960 - The petitioner's father's land was acquired for the respondent university. The petitioner was initially employed as a daily wager and later retrenched. The court held that the petitioner is entitled to preference in employment as per Section 40 of the Act, which mandates that displaced persons whose land is acquired for the university be given preference in employment. The court directed the respondent to consider the petitioner's claim for absorption as a permanent employee on available Class IV post. (Paras 1-3)
Issue of Consideration
Whether the petitioner, whose father's land was acquired for the respondent university, is entitled to be absorbed as a permanent employee in Class IV post under Section 40 of the Maharashtra Agricultural Universities (Krishi Vidyapeeth) Act, 1960.
Final Decision
The petition is allowed. The respondent is directed to consider the claim of the petitioner for absorption as a permanent employee on available Class IV post in accordance with Section 40 of the Maharashtra Agricultural Universities (Krishi Vidyapeeth) Act, 1960. Rule made absolute. No order as to costs.
Law Points
- Preference in employment to displaced persons
- Absorption of retrenched worker
- Land acquisition for university
- Section 40 Maharashtra Agricultural Universities Act
- 1960
