ANNAPPA JIVAPPA KAMATGI Vs. SWAMI VIVEKANAND SHIKSHAN SANSTHA

JUDGEMENT

(1.) This petition impugns the judgment and order of the University and College Tribunal passed on 4/4/1990 thereby dismissing Appeal No.3 of 1990 filed by the petitioner under Section 42B of the Shivaji University Act, 1974. In the said order the petitioner had challenged the transfer order dated 3/12/1988 issued by the Respondent no.1 - Employer transferring him from the post of Lecturer in Vivekanand Senior College, Kolhapur to Purandar Junior College at Saswad as a Junior Lecturer. As per the petitioner this transfer from the post of Lecturer in the Senior College to the post of Lecturer in the Junior College amounted to reduction in post and, therefore, he sought the remedy by filing an appeal under Section 42B of the Shivaji University Act, 1974.

(2.) The petitioner passed his B.Sc. examination in First Class from the Shivaji University in 1971 and he obtained his M.Sc. Degree in 1973 from the said University with B+ grade. Subsequently he obtained his B.Ed. Degree in 1978 from the Pune University with B+ grade and also enrolled his name for Ph.D. with the Pune University. On completion of his M.Sc. degree in 1973 he was appointed as an Assistant Teacher by Shivaji Vidyalaya at Bhor which was run by the Respondent No.1-Society and he worked there upto 1980. By order dated 23/6/1980 he came to be transferred by the Respondent No.1 from Chh. Shivaji Higher Secondary School at Bhor to the Higher Secondary School at Saswad, Taluka Purandar, Dist. Pune with effect from 30th June 1980.

(3.) In the appeal before the Tribunal the petitioner-appellant had pleaded that when the impugned transfer order was issued he was drawing the monthly salary of Rs.780/- in the pay scale of Rs.700-1600 and on his transfer he was placed in the pay scale of Rs.365-760 and that too without protecting his basic salary and, therefore, the impugned transfer order amounted to reduction in post. He also pointed out that the pay scale prescribed for the post of Lecturer in the Junior College was Rs.600-1030 at the relevant time and even the said pay scale was not granted to the petitioner. In its written statement the management conceded that the petitioner was placed in the pay scale of Rs.365-760 on his transfer by the order dated 3/12/1988. The management had submitted before the Tribunal that the petitioner was appointed against the post reserved for OBC for the academic years 1986-87, 1987-88 and in the year 1988-89 a reserved category candidate being made available, it was left with no alternative but to revert the petitioner back to his original post of Lecturer in the Junior College at Saswad. The respondent - management thus accepted that the petitioner was a permanent employee and on filling in the post reserved for OBC in the Vivekanand Senior College at Kolhapur, the petitioner could not be continued as a Lecturer in the said college beyond 3rd December 1988 and, therefore, he was sent back to his original post from where he was promoted on his appointment as Lecturer by the appointment order dated 14th July 1986. The School Tribunal while dismissing the appeal noted that though the petitioner was appointed on probation by the appointment order dated 14th July 1986 the same was subject to approval by the Shivaji University and the said University vide its letter dated 6th December 1986 had clearly stated that the appointment of the petitioner was approved for the academic year 1986-87 against the vacancy reserved for OBC and the same was the case for the subsequent year and in the year 1988-89 the petitioner could not be continued as a reserved category candidate was available. As per the School Tribunal the petitioner not having been appointed on probation, the impugned transfer order dated 3/12/1988 did not amount to reduction in rank/post.