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1987 Supreme(Bom) 102

N.W.SAMBRE, V.A.MOHTA
College of Engineering of Yeshwant Rural Education Society – Appellant
Versus
Asmita Basole & another – Respondent


JUDGMENT - MOHTA V.A., J.: - College of Engineering conducted by the Yeshwant Rural Education Society, Sewagram, Wardha, has, by these two petitions, challenged the orders passed by the College Tribunal, Nagpur University, setting aside its order of termination of two Lecturers Mrs. Asmita Basole (Writ Petition No. 933 of 1986) and Laxmikant Dhamande (Writ Petition No. 934 of 1986) and directing their reinstatement with back wages. Since common questions are raised, the two petitions are heard together and are being disposed of by one judgment.

Both Mrs. Basole and Mr. Dhamande were appointed on permanent posts on probation basis - Mrs. Basole as a Lecturer in Mathematics and Mr. Dhamande as Lecturer in Production Engineering. The appointment order of Mrs. Basole is dated 29-4-1983 and that of Mr. Dhamande is dated 23-4-1984. The appointment orders provide for termination even before the expiry of probation by giving one month's notice on either side.

2. On 14-3-1985 Mrs. Basole was served with a communication by the Principal to the effect that she was “interested in consuming all sorts of leave and hence it leads me to conclude that you are not interested in continuing your servi












































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