UNIVERSITY OF PUNE Vs. VIDYA KISAN GARGOTE

JUDGEMENT

(1.) BY this petition, the petitioner-University of Pune is challenging an order dated 3rd March, 2000 passed by the learned Presiding Officer, Pune/shivaji University and College Tribunal, Pune University, Pune, in Appeal No. 13 of 1998 whereby the learned Presiding Officer of the Tribunal has set aside the order of termination dated 15th June, 1998. By the aforesaid termination order dated 15th June, 1998 the services of the respondent who was working as the Deputy Finance Officer, were terminated w. e. f. 16th June, 1998.

(2.) BY the aforesaid impugned order dated 3rd March, 2000 the Tribunal has also declared that the respondent was in continuous service on the post of Deputy Finance Officer from 17th June, 1996 and she had become confirmed Deputy Finance Officer from 17th June, 1998 and was entitled to all benefits of continuous service from 17th June, 1996 on the post of Deputy Finance Officer. The Tribunal had also directed the Pune University to continue the respondent in service and observed that the order of reinstatement was not passed as the Tribunal had already stayed the termination order by interim stay on 16th June, 1998. The petitioner University was also directed to release the annual increments of the respondent and pay her difference in salary within two months from the date of that order dated 3rd March, 2000.

(3.) THE brief facts are that the respondent had originally joined the petitioner University on 18th July, 1994 as an Assistant Finance Officer. Thereafter in the month of July 1995 the petitioner University had released an advertisement in newspapers for the post of Deputy Finance Officer. On 4th December, 1995 the respondent was duly interviewed by the Selection Committee duly constituted by the University of Pune, and on 28th May, 1996 the respondent was appointed as an Officer on Special Duty (Finance) in view of her selection. Thereafter, on 30th September, 1996 one Mr. Dharmadhikari was prompted to the post of Deputy Finance Officer on a temporary basis as per Standard Code Rule 3 (2) (d ). In the month of November, 1997 the petitioner University had again prompted temporarily Mr. T. G. Taure, the Assistant Finance Officer to the post of Deputy Finance Officer as per the Standard Code Rule 3 (2) (d ). On 15th June, 1998 the University of Pune had issued an order of termination to the respondent herein. Aggrieved by the aforesaid termination order the respondent had filed the aforesaid Appeal No. 13 of 1998 before the University Tribunal on 16th June, 1998. On the very date itself, i. e. on 16th June, 1998 the University Tribunal had passed an interim order of stay in the aforesaid Appeal No. 13 of 1998, which reads as under :---