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2017 Supreme(Bom) 1119

G.S.KULKARNI
Maharashtra Cosmopolitan Education Society's MCES College of Education and Research – Appellant
Versus
Presiding Officer Mumbai University and College Tribunal University of Mumbai – Respondent


Advocates Appeared:
For the Petitioner: C.K. Thomas i/b C.K. Thomas & Associates.
For the Respondent: Mr. Sunil Dighe, Md. Asadullah Shaikh i/b Rui Rodrigues, Mr. A.R. Metkari

JUDGMENT :

G.S. Kulkarni, J.

Heard Mr. C.K. Thomas, learned counsel for the Petitioner and Mr. Dighe, learned Counsel for Respondent No.2. This Writ Petition is directed against the judgement and order dated 25th November 2016, passed by the Learned Presiding Officer of the Mumbai University and College Tribunal. The Appeal filed by the 2nd Respondent, challenging his termination has been allowed in the following terms:

"(a) In the circumstances, having regard to the facts and circumstances, and considering the legal position, present appeal deserves to be allowed partly, and it is allowed partly, and it is held that action of oral otherwise termination by Respondent No.1 for not allowing the Appellant to sign the muster roll w.e.f. 15.06.2015 prior to his age of superannuation upto age of 65 years subject to report of Performance Review Committee on completion of 62 years, is illegal and same is quashed and set aside, with direction to Respondent Nos.1 and 2 to reinstate the Appellant on the post of Principal in the Respondent No.2 Degree College w.e.f. 15.06.2015, with continuity of his service, back wages and consequential benefits, within the period of three months, and appeal sta

















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