STATE OF MAHARASHTRA Vs. ARCHANA PRAKASH CHARATE

JUDGEMENT

(1.) Rule. Rule made returnable forthwith. With the consent of the parties, petition is taken up for final hearing.

(2.) The State of Maharashtra has filed the present petition challenging the judgment and order dtd. 10/4/2019 passed by the Maharashtra Administrative Tribunal, Mumbai ( 'Tribunal ') in the Original Application No.216 of 2016. The Original Application was instituted by the respondent challenging order dtd. 7/9/2012 relieving her from the post of Lecturer as well as order dtd. 13/10/2015 rejecting her application for reinstatement and absorption in service. By the judgment and order impugned in the present petition, the Tribunal has allowed the Original Application by setting aside the orders dtd. 7/9/2012 and 13/12/2015 and directing petitioners to reinstate her on the post of Lecturer. The Tribunal has further directed petitioners to absorb her in service on par with other lecturers whose services are regularized by Government Resolutions dtd. 14/1/2015 and 13/3/2015.

(3.) A brief factual narration as prologue to the judgment would be necessary. On account of ban imposed by the State Government on recruitment in all departments, several vacant posts in Government and Non-Government aided educational institutions could not be filled up. Therefore, on 25/7/2002, the State of Maharashtra took a policy decision for making appointments on the post of lecturer on contract basis till availability of candidates appointed through regular selection process conducted by MPSC. By way of policy decision dtd. 27/7/2002, approval was granted for filling up 2/3rd vacancies on contract basis. Though the decision was stayed by Government Resolution dtd. 19/7/2003, the stay was vacated vide Government Resolution dtd. 2/8/2003. By subsequent Government Resolution dtd. 19/8/2003, it was decided to fill up 100% of vacancies of teaching posts on contract basis.