Point of Law : Probation appointment - Appointment of the petitioner was not made on the said post of lecturer after following the requisite procedure under Statute 417 framed by the University.

JUDGMENT :

R.D. Dhanuka, J.

By this petition filed under Article 226 of the Constitution of India, the petitioner seeks a writ of certiorari for passing and setting aside the impugned order dated 25th November, 2016 and seeks order and directions against the respondents to pay an amount of Rs.27,46,079/-as arrears of salary and back wages with interest.

2. Some of the relevant facts for the purpose of deciding this petition are as follows :

3. The petitioner is a practicing Lawyer and was erstwhile Vice-Principal of the Siddharth College of Law. The petitioner passed LLM from the Mumbai University in the year 2002 with 57% marks and was appointed as Full Time Lecturer in the subject of Law w.e.f. 14th January, 2003 during the period between 13th January, 2003 and 21st March, 2003. In the year 2003, the petitioner appeared for NET/SET examination and cleared the said examination.

4. It is the case of the petitioner that on 5th March, 2004, the respondent no.5-University issued a circular that the candidate from reserved category without NET/SET may also apply for the post of lecturer and if they are selected they will be appointed on consolidated salary of Rs.8,000/-on contractual basis. They have to complete NET/SET within two years, failing which their services would be terminated and if they complete NET/ SET within two years, their appointment will be regularized on regular basis.

5. It is the case of the petitioner that on 15th April, 2004, the respondent no.4 informed the Vice Chancellor of University of Mumbai that the appointment of the petitioner was confirmed as per the Government Circulars and no further procedure was required for regularization of her services.

6. On 25th April, 2006, the petitioner informed the Vice Chancellor of the University of Mumbai that she had received a interview call from the Principal of Siddharth College of Law on 25th April, 2006 for the post of full time lecturer in the said college. It is the case of the petitioner that the University of Mumbai informed the Principal of Siddharth College of Law that it would not be proper to call the petitioner for interview for the post of lecturer. The petitioner made a complaint to the respondent no.6 on 25th April, 2006 that though the petitioner had cleared NET Examination in 2003 was not getting the salary as per UGC Scale. The respondent no.6 informed the respondent no.3 to pay the salary to the petitioner as per UGC Scale.

7. The Registrar of Mumbai University addressed a letter to the Member Secretary and Chairman of People’s Education Society to conduct an inquiry under the Statute 439B(1) against the petitioner and appointed a retired City Civil Court Judge as Inquiry Officer. The said Siddharth College of Law terminated the services of the petitioner. The petitioner filed an Appeal bearing Appeal No. 11 of 2009 before the University and College Tribunal. The said appeal came to be dismissed by the said Tribunal on 20th January, 2010. A learned Single Judge of this Court dismissed the Writ Petition bearing No. 2060 of 2010 filed by the petitioner impugning the said order passed by the University and College Tribunal. A Division Bench of this Court by order dated 18th December, 2012 in Appeal (lodging) No. 91 of 2011 was pleased to quash and set aside the order passed by the leaned Single Judge and the University and College Tribunal and directed the Management to reinstate the petitioner with full back wages.

8. The said Siddharth College of Law filed Special Leave Petition before the Hon’ble Supreme Court. By an order dated 26th March, 2014, the Hon’ble Supreme Court disposed of the Special Leave Petition (Civil) No. 1480 of 2013 in terms of consent terms filed by the petitioner and the said Siddharth College of Law. In accordance with the said consent terms, the said Siddharth College of Law reinstated the services of the petitioner as full time teacher (Vice-Principal) of the said college on 28th March, 2014. The petitioner resumed on duty in the