SINHGAD TECHNICAL EDUCATION SOCIETY Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) These two petitions challenge the orders passed by the Grievance Redressal Committee of the Savitribai Phule University (for short "University ") dated 28 February 2021 and 26 April 2019 respectively whereby the transfer of the private respondents, who are employees of the petitioner no.1 (for short "the management ") were set aside.

(2.) There is some history to the present proceedings. A coordinate Bench of this Court by an order dated 17 December, 2019 had rejected the prayers of the petitioner-management for interim reliefs, namely, stay to the orders passed by the Grievance Redressal Committee of the University. Such order of the coordinate Bench of this Court was assailed by the petitioner before the Supreme Court in the proceedings of Special Leave to Appeal (C) No.992 of 2020. The Supreme Court by its order dated 20 January 2020 observed that by not granting stay, the writ petitions of the Society virtually became infructuous and that in a matter of such nature, a stay ought to have been granted. The Supreme Court accordingly set aside the order dated 17 December 2019 passed by this Court and directed that the order of the Grievance Redressal Committee shall remain stayed till the writ petitions are finally disposed of by the High Court. The Supreme Court considering the controversy as involved in these matters, observed that it would be in the interest of justice that the writ petitions are decided at the earliest. Thereafter the petitions have been listed before the co-ordinate Bench of this Court and today they are so listed before this Bench for the first time.

(3.) I have heard Mr.Dhakephalkar, learned Senior Counsel appearing for the petitioners for some time and Mr.Pakale, learned Counsel appearing for the respondents. Mr.Dhakephalkar has drawn my attention to a statement indicating names of the private respondents who were transferred, which would indicate that some of them have resigned and some of them are absent from duties for a substantial period. Perusal of the these statements would indicate that eleven of the transferred employees have resigned and/or are relieved, and seventeen of them have not joined the duties. Some of these employees who were respondents were permitted to be deleted.