Advocates:
['AMIT A MUKHEDKAR', 'COPY SERVED ON GP', '', 'AGP', 'R Nos', 'are served', 'Darandale Abhijit C V P']

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD

WRIT PETITION NO.619 OF 2021

Dinesh s/o Anandrao Patil

Age : 33 yrs, Occ. Nil,

R/o, Plot No.38, Shrikrishna Nagar,

Tal.Chopda, District Jalgaon

.. Petitioner

Versus

1) The Principal

Mahatma Gandhi Shikshan

Mandal’s Arts, Science and

Commerce College at Chopda,

District Jalgaon.

2) The President,

Mahatma Gandhi Shikshan

Mandal’s Arts, Science and

Commerce College at Chopda,

District Jalgaon.

3) The Joint Director,

Higher and Technical Education

Department, District Jalgaon

.. Respondents

…

Mr.A.A. Mukhedkar for the petitioner.

Mr.A.C. Darandale for respondent nos.1 and 2.

Mr.K.B. Jadhavar, AGP for respondent no.3.

CORAM : SMT. BHARATI H. DANGRE, J

RESERVED : 4^th FEBRUARY, 2022

PRONOUNCED : 29^th MARCH, 2022

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JUDGMENT :

1

The present petition challenge the judgment and

order dated 18/12/2020 passed by the Presiding Officer of

University and College Tribunal at Aurangabad in Appeal No.

NMU-3-2019, upholding the termination of the petitioner at the

hands of respondent no.1. The impugned order is assailed as

perverse, being not based upon rational reasons, and it is pleaded

that it has failed to take into consideration the status of the

petitioner and considering him to be a permanent employee, the

due procedure of law has not been adhered to, and this important

fact has been overlooked by the impugned order, is the case of the

petitioner.

2

Heard learned Advocate Shri A.A. Mukhedkar for

the petitioner, Shri Mr.A.C. Darandale for respondent nos.1 and 2

and Shri K.B. Jadhavar, AGP for respondent no.3.

Rule. Rule made returnable forthwith. Heard by

consent of the parties.

3

The brief background in which the contentions raised

by the petitioner in the petition are to be appreciated, reveal that

the respondent no.1 is the Principal of Mahatma Gandhi

Shikshan Mandal’s Arts, Science and Commerce College,

Chopda, District Jalgaon, which is run by the Mahatma Gandhi

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Shikshan Mandal, Jalgaon. The services of the petitioner were

engaged by the respondent no.2 in the institute run by it i.e.

respondent no.1 College.

The appointment of the petitioner was effected on

the post of Library Attendant, by an order of appointment dated

23/2/2005, which contemplated on period of probation of two

years, commencing from 1/3/2005 to 28/2/2007, the

appointment being in the pay scale of 3050-4590. Based on the

terms of the order of appointment, the petitioner claim that he

came to be confirmed as Library Attendant with effect from

1/3/2008 and he continued to discharge his duties as Library

Attendant since 2005. The petitioner pleads that his tenure is

clean and unblemished and he worked with utmost devotion to

the respondent no.1.

On 9/2/2016, a memo was issued to the petition,

which levelled several charges against him, being minor in nature

and included allegations, such as absenteeism, not maintaining

cleanliness in the classroom, not opening classrooms on time etc.

The petitioner, however, plead that the charges levelled against

him did not relate to his working as a Library Attendant, which

post he was holding in the respondent no.1 School and more so,

the allegations levelled were in respect of his working in the year

2006 and onwards, which were too stale to be looked into. He

responded to the notice, by stating that the charges are stale and

do not relate to his work, which was of a Library Attendant.

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