STATE OF MAHARASHTRA Vs. TARAMATI SANTOSH TAJI

JUDGEMENT

(1.) Rule. Rule made returnable forthwith. By consent of the parties, the petition is heard finally.

(2.) The challenge raised in this writ petition is to the judgment of the Maharashtra Administrative Tribunal in Original Application No.678 of 2023 dtd. 7/12/2023. By the said judgment, the Tribunal has set aside the order of termination dtd. 19/5/2023 issued to the respondent and has directed reinstatement in service along with back-wages.

(3.) Facts relevant for considering the aforesaid challenge are that the respondent came to be appointed on the post of Assistant Secretary (Technical) at the Maharashtra State Board for Technical Education ' MSBTE on 7/1/2021 for a period of two years on probation. The appointment is governed by the Maharashtra Engineering Administrative Service (Recruitment) Rules, 2017 (for short, the Rules of 2017). According to the petitioners, during the period of probation, she was issued five memorandums as her services were not found satisfactory. On 7/12/2022, a proposal was moved by the MSBTE to discharge the respondent from services. The matter was considered by the petitioner no.2. On 19/5/2023, the Higher and Technical Education Department resolved to discontinue the services of the respondent by stating the same to be unsatisfactory. Accordingly, on the same day, the Secretary, MSBTE issued an order terminating the services of the respondent. This order was the subject matter of challenge before the Tribunal and by the impugned judgment, the same has been set aside holding it to be unsustainable in law.