LAWS(BOM)-2020-1-342

DEEPAK T. KAUL Vs. CHAIRMAN, SANJEEVANI VIDHYALAYA TRUST

Decided On January 09, 2020
Deepak T. Kaul Appellant
V/S
Chairman, Sanjeevani Vidhyalaya Trust Respondents

JUDGEMENT

(1.) Heard Mr. Dwivedi, learned counsel for the Petitioner; Mr. Nitin Kulkarni, learned counsel for Respondent No. 1; and Mr. N. C. Walimbe, learned AGP for Respondent Nos. 4 and 6.

(2.) By filing this Petition under Article 227 of the Constitution of India, Petitioner seeks quashing of judgment and order dated 31.07.2006 passed by the Presiding Officer, School Tribunal, Kolhapur Region, Kolhapur (briefly the Tribunal hereinafter), dismissing the appeal filed by the Petitioner, challenging termination notice dated 01.03.2000.

(3.) Case of the Petitioner is that a public advertisement was issued by Respondent Nos. 1 and 2 for appointment to the post of Executive Assistant to Deputy Secretary of Sanjeevani Vidhyalaya Trust (Trust); pursuant to which Petitioner submitted application on 05.11.1996. There was an interview and following such interview, Petitioner was offered appointment vide appointment letter dated 04.09.1997 issued by Respondent No. 2. It was mentioned in the letter that Petitioner would be on probation for a period of two years from 01.12.1997. According to the Petitioner, the appointment was against a clear vacancy and pursuant to the appointment letter dated 04.09.1997 he joined services w.e.f. 01.05.1998. In terms of the appointment letter, two years probation period would have ended on 30.04.2000. However, Respondent No. 2 informed the Petitioner vide letter dated 01.03.2000 that though his probation period would be over on 01.05.2000, it was decided not to continue with his services w.e.f. 01.05.2000.