Case Note & Summary
The petitioner, Rajendra Waman Rajemane, was appointed as a Junior Clerk in June 1992 at Kiraksal High School, run by respondent No.1, Phaltan Education Society. He was promoted to Head Clerk at Rajemane College in June 1997 and later to Office Superintendent at Mudhoji College in December 2005. However, the Grievances Committee, under Section 57 of the Maharashtra Universities Act, 1994, found faults with his promotion to Office Superintendent and the consequent non-promotion of respondent Nos.4 and 5. Based on this order dated 17 June 2008, the management terminated his services on 2 September 2008. The petitioner challenged both orders in Writ Petition No.6661 of 2008, which was disposed of on 18 December 2008, setting aside the Grievances Committee order but relegating the petitioner to appeal against the termination order. The College Tribunal dismissed the appeal on 8 March 2010, leading to the present writ petition. The court considered whether the termination was valid and whether the Tribunal erred. The court held that the petitioner's promotion to Office Superintendent was not approved by the university or state authorities, and the Grievances Committee's findings were not challenged effectively. The termination was based on valid grounds, and the Tribunal's decision was upheld. The petition was dismissed.
Headnote
A) Service Law - Termination - Promotion Irregularity - Section 57 Maharashtra Universities Act, 1994 - Petitioner's promotion to Office Superintendent was found irregular by Grievances Committee - Management terminated services based on that order - College Tribunal dismissed appeal - Held that termination was justified as promotion was not approved and petitioner was not entitled to the post (Paras 1-5).
Issue of Consideration
Whether the termination of the petitioner's services based on the Grievances Committee's findings regarding irregular promotion was valid and whether the College Tribunal erred in dismissing the appeal.
Final Decision
The petition is dismissed. The judgment and order of the College Tribunal dated 8 March 2010 is upheld.
Law Points
- Termination based on Grievances Committee order
- Promotion irregularity
- Natural justice
- Section 57 Maharashtra Universities Act
- 1994
Case Details
2015 LawText (BOM) (04) 103
WRIT PETITION NO. 1990 OF 2011
Mr. Dilip Bodake for the Petitioner, Mr. Milind Deshmukh for Respondent No.1, Mr. V.K. Bodhare i/b Mr. A.M. Joshi for Respondent No.5, Mr. Harshad Shingnapurkar i/b Mr. Amit Borkar for Respondent No.6, Ms Aparna Vhatkar, AGP for Respondent Nos.7 and 8
Phaltan Education Society & ors.
Subscribe to unlock Case Details (Citation, Judge, Date & more)
Subscribe Now
Nature of Litigation
Writ petition challenging the judgment and order of the College Tribunal dismissing the petitioner's appeal against termination of services.
Remedy Sought
Petitioner sought to set aside the termination order and the Tribunal's dismissal.
Filing Reason
Petitioner's services were terminated based on a Grievances Committee order finding his promotion irregular.
Previous Decisions
The Grievances Committee order dated 17 June 2008 was set aside by this Court in Writ Petition No.6661 of 2008 on 18 December 2008, but the termination order was remitted to the College Tribunal.
Issues
Whether the termination of the petitioner's services was valid based on the Grievances Committee's findings.
Whether the College Tribunal erred in dismissing the appeal.
Submissions/Arguments
Petitioner argued that the termination was based on a flawed Grievances Committee order.
Respondents contended that the promotion was irregular and not approved, justifying termination.
Ratio Decidendi
The termination of the petitioner's services was justified as his promotion to Office Superintendent was irregular and not approved by the university or state authorities, and the Grievances Committee's findings were not effectively challenged.
Judgment Excerpts
This petition challenges the judgment and order dated 8 March 2010, made by the College Tribunal, dismissing the petitioner's appeal against termination of his services by the order dated 2 September 2008.
The Grievances Committee, in terms of Section 57 of the Maharashtra Universities Act, 1994 made an order dated 17 June 2008 finding faults with the promotion of the petitioner to the post of Office Superintendent.
Procedural History
Petitioner appointed in June 1992, promoted in June 1997 and December 2005. Grievances Committee order on 17 June 2008. Termination on 2 September 2008. Writ Petition No.6661 of 2008 filed, disposed on 18 December 2008 setting aside Grievances Committee order but remitting termination to College Tribunal. College Tribunal dismissed appeal on 8 March 2010. Present writ petition filed in 2011.
Acts & Sections
- Maharashtra Universities Act, 1994: Section 57
