SABIR HUSSAIN Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Rule. Rule made returnable forthwith. With consent of the parties, heard finally at admission stage.

(2.) The petitioner impugns the order of break in his service w.e.f 30/8/2017 to 9/9/2017 and seeks further directions against respondent no.4 to treat the said break in service as "spent in service". The petitioner further seeks directions against respondent no.4 to accept his resignation dtd. 5/12/2017 and relieve him from the post of Principal of Bhagwan College of Pharmacy, Aurangabad w.e.f. 5/3/2018 and release salary by treating his service on probation w.e.f. 1/9/2016 to 31/8/2017 and further services till acceptance of his resignation. The petitioner has also prayed for declaration that the communication dtd. 16/3/2019 issued by the respondent no.4 is null and void in view of his notice for resignation.

(3.) The petitioner-party in person submits that he is qualified as M.Pharm, Ph.D and served as Principal of Kamala Nehru Poly-Technique (Pharmacy) College, Aurangabad and Principal of Y.B. Chavan College of Pharmacy. In view of vast experience and qualification, he was appointed by respondent no.4 as Principal at Shri Bhagwan College of Pharmacy, Aurangabad w.e.f 1/9/2016 on adhoc basis in the pay scale of Rs.37,400.00 to 67,000/- with basic of Rs.52,210.00 and academic grade pay of Rs.10,000.00 with DA, HRA and other allowances. The petitioner joined his service on 1/9/2016. He discharged his duties with great sincerity and commitment. However, vide communication dtd. 29/8/2017 the Secretary of Respondent no.4 declared break in service of the petitioner for the period from 30/8/2017 to 9/9/2017. The petitioner made several representations and requests to withdraw the said communication, however, no reply was given. On 4/9/2017, the petitioner forwarded reminder. Thereafter, petitioner has continuously served as Principal till he tendered notice of resignation dtd. 5/12/2017 and made request to the Secretary of Respondent no.4 to relieve him from the post of Principal w.e.f. 5/3/2018. However, his correspondence was not replied. The petitioner discharged his duties till 5/3/2018.