IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD

WRIT PETITION NO. 2969 OF 1997

Vrunda d/o Jeevanrao Dahitankar,

Age : 27 years, Occup.: Service,

Telephone Operator,

Shri Tuljabhavani College of

Engineering, Tuljapur,

Dist.: Osmanabad

.. PETITIONER

VERSUS

1.

Shri Tuljabhavani Temple Trust,

Tuljapur, Dist.: Osmanabad,

Through its Chairman

2.

The Principal,

Shri Tuljabhavani College

of Engineering, Tuljapur,

Dist.: Osmanabad

3.

Dr.Babasaheb Ambedkar

Marathwada University,

Aurangabad, through its

Registrar.

4.

The State of Maharashtra

5.

The Presiding Officer,

University, College Tribunal,

Dr.Babasaheb Ambedkar Marathwada

University, Aurangabad

6.

The Advocate General,

Maharashtra State,

Bombay

.. RESPONDENTS

AND

WRIT PETITION NO. 2974 OF 1997

Maleshappa s/o Hanumantappa Ghattargi,

age : 34 years, Occup: Service,

Telephone Operator,

Shri Tulja Bhavani College of

Engineering, Tuljapur,

Dist.: Osmanabad

.. PETITIONER

2

wp2969-1997+

VERSUS

1.

Shri Tulja Bhavani Temple Trust,

Tuljapur, Dist.: Osmanabad,

Through its Chairman

2.

The Principal,

Shri Tulja Bhavani College

of Engineering, Tuljapur,

Dist.: Osmanabad

3.

Dr.Babasaheb Ambedkar Marathwada

University, Aurangabad,

through its Registrar

4.

The State of Maharashtra

5.

The Presiding Officer,

University, College Tribunal,

Dr.Babasaheb Ambedkar Marathwada

University, Aurangabad

6.

The Advocate General,

Maharashtra State,

Bombay

.. RESPONDENTS

AND

WRIT PETITION NO. 634 OF 1998

Gurunath s/o Irrappa Koshti,

age : 57 years, Occup: Service,

Security Inspector,

Shri Tuljabhavani College of

Engineering, Tuljapur,

Dist.: Osmanabad

.. PETITIONER

VERSUS

1.

Shri Tuljabhavani Temple Trust,

Tuljapur, Dist.: Osmanabad,

Through its Chairman

3

wp2969-1997+

2.

The Principal,

Shri Tuljabhavani College

of Engineering, Tuljapur,

Dist.: Osmanabad

3.

Dr.Babasaheb Ambedkar Marathwada

University, Aurangabad,

through its Registrar

4.

The State of Maharashtra

5.

The Presiding Officer,

University College Tribunal,

Dr.Babasaheb Ambedkar Marathwada

University, Aurangabad

6.

The Advocate General,

Maharashtra State,

Bombay

.. RESPONDENTS

----

Mr. S.R. Barlinge, Advocate for the Petitioners in all

the Writ Petitions

Mr. Amol Gandhi, Advocate holding for Mr. P.V. Mandlik,

Senior Advocate for respondent nos. 1 and 2, in all the

Writ petitions

Mr. S.B. Joshi, A.G.P. for respondent no.4/State in all

the Writ Petitions

None for respondent nos. 3, 5 and 6

----

CORAM : V.M. KANADE AND

SANGITRAO S.PATIL, JJ.

RESERVED ON

: 12^th JANUARY, 2017

PRONOUNCED ON : 2^nd FEBRUARY,2017

4

wp2969-1997+

JUDGMENT (PER : SANGITRAO S. PATIL, J.):

Rule, returnable forthwith. With the consent

of the parties, heard finally.

2.

Common questions of law and facts are involved

in these Writ Petitions. Hence, they are being decided

by this common judgment.

3.

The petitioners, vide orders dated 15.07.1991

came to be appointed by respondent no. 1 as Telephone

Operator, Telephone Operator and Security Inspector,

respectively, on regularly basis to officiate the said

posts on probation for a period of one year from the

respective dates of their joining the said posts. As

per Clause 6 of their appointment orders, it was made

clear that they would be governed by Conduct,

Discipline, etc. Rules of the Government of Maharashtra

and that of Shri Tulja Bhavani Temple Trust College of

Engineering. Accordingly, the petitioners joined the

said posts. The services of the petitioners came to be

terminated as per the orders dated 11.08.1993. They

challenged the said orders before the University and

5

wp2969-1997+

College Tribunal. The learned Presiding Officer of the

University and College Tribunal, allowed their appeals

on 24.04.1996 and directed respondent nos. 1 and 2 to

reinstate the petitioners with continuity in services.

Accordingly, the petitioners continued their services

with respondent no.1. However, their services again

came to be terminated a