SANGEETA VIJAY WAKCHAURE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) By this Petition filed under Article 226 of the Constitution of India the Petitioner seeks a writ of certiorari inter alia praying for quashing and setting aside the communication/correspondence dated 02.09.2014 to be read in reply to the letter dated 04.12.2013 and 16.12.2014. The Petitioner also seeks all the benefits, accruals, interests, increments and other allowances under the University Grants Commission as well as the Maharashtra University Act, 1994 for uninterrupted and continuous services w.e.f. 30.06.1995. The Petitioner seeks benefit of the 6th Pay Commission for the services between the period 16.04.1996 to 14.06.1996 + 1259 days being the period of alleged involuntary cessation of employment between 16.04.1997 to 30.09.2000 being 1318 days.

(2.) Mr. Kanade, learned Counsel for the Petitioner invited our attention to the judgment dated 12.02.1999 delivered by the Pune / Shivaji University and College Tribunal, in Appeal No.50 of 1997 filed by the Petitioner impugning the termination order dated 15.03.1997 terminating the services w.e.f. 15.04.1997. He also fairly invited our attention to the consent terms filed by the parties before this Court in Writ Petition No.1996 of 1999.

(3.) It is submitted by the learned Counsel for the Petitioner that though by the said consent terms it was provided that the Petitioner herein shall be appointed temporarily for the Academic year 2000-2001 in the Abeda Inamdar Mahila Mahavidyalaya, Pune as the Director of Physical Education at the basic salary in the pay scale of Rs.2200 -75-2800-100-4000, the Petitioner was subsequently made permanent. The Petitioner is in service as on today. The learned Counsel also invited our attention to the endorsement made in the service book at page 86 of the Writ Petition, stating that the salary of the Petitioner have been paid for the period from 13.02.1999 to 30.09.2000 in the sum of Rs.2,84,846/- dated 18.05.2011 with mutual understanding. The Petitioner has been also paid the entire salary for the break period from 16.04.1997 to 30.09.2000. A perusal of the said endorsement does not indicate any date on the said endorsement.