JUDGMENT :

1. Rule. Rule made returnable forthwith. By consent of the parties, heard finally.

2. By the present writ petition, the petitioner is challenging the order dated 2.7.2021 passed in Misc. Civil Application (Delay) No. 10/2020 by the learned Presiding Officer, College and University Tribunal, Aurangabad, whereby the application filed by the petitioner for condonation of delay in filing the appeal is rejected and consequently the appeal is also dismissed.

3. The brief facts leading to the filing of this petition can be summarised as under :-

The petitioner was appointed as a Peon in the year 2011 in Maulana Azad College of Arts, Science and Commerce, Aurangabad. The petitioner was permanent employee of the respondent No. 3/college. It is the case of the petitioner that he was orally terminated on 19.12.2019 whereby respondent No. 3 had stopped allotment of any work and had threatened the petitioner from entering the college. It is the case of the petitioner that he made several representations, the last being on 20.10.2020 but the respondent/management did not respond to his representations. Therefore, the petitioner filed appeal under section 81 of the Maharashtra Public Universities Act, 2016 before the College and University Tribunal, Aurangabad along with the application for condonation of delay on 2.11.2020. Notices were issued to the respondents. The advocate for respondents remained present, but had not filed Vakalatnama. Thereafter, three dates were given to the respondents to file their written statement. Thus, on 17.3.2021 the learned Presiding Officer noted that the appellant is present, but none for the respondents and the respondents had not filed written statement till then. Thus, the Presiding Officer condoned the delay in filing appeal and registered the appeal by order dated 17.3.2021 and further notices were issued to the respondents.

4. On 22.4.2021 application was moved by respondent Nos. 1 and 2 for recalling the order passed by the Presiding Officer dated 17.3.2021. The said application was objected by the petitioner. However, the Presiding Officer recalled it’s order dated 17.3.2021 and thereafter the Presiding Officer by impugned order dated 2.7.2021 dismissed the application filed by the petitioner for condonation of delay in filing appeal and consequently the appeal was also dismissed.

5. In the application for condonation of delay, the petitioner raised following grounds, which are as under :-

“5] That, thereafter the present applicant made representation to the Principal and every time he made representations, the principal gave false assurance of allotting work and salary. Unfortunately due to the Global Pandemic and nationwide lockdown was announced and the woes of the appellant continued. After the relaxation of the national and state lockdown the appellant approached the Principal for work and salary wherein he was informed as the new management has taken over they want appellant and similar situated employees to be terminated and replaced by other employees of their choices.

6] That, the applicant requested and begged to be reinstated as he is the only sole earning member in the family and he is without salary since December. The National and state lock down has further worsened his financial condition, but the principal was unmoved by the prayers of the appellant.

7] That, on 20.10.2020 when the appellant approached the principal one more time with his request to reinstate, the principal asked him to forgo his pending salary, on refusal the principal abused and threatened the appellant not to enter the college premises or else a police complaint would be lodged against him. The appellant prays to this Hon’ble Tribune to condone the delay so that his application for reinstatement and pending salary could be heard for final adjudication.”

6. Mr. Amol N. Kakade, learned counsel for the petitioner submits that the Hon’ble Supreme Court in Suo Motu Writ Petition (Civil) No. 3/2020 passed an order da