HARISCHANDRA PANDITRAO GITTE Vs. SHRIDHAR GANGARAM GITTE

JUDGEMENT

(1.) Both these petitions arise out of same order and as such are being disposed of together. Challenge in these petitions is to order dated 2.9.1994, rendered by the College Tribunal for Dr.Babasaheb Ambedkar Marathwada University, Aurangabad, (for short "the Tribunal"). By the impugned order, appeal preferred by petitioner - H.P.Gitte was partly allowed and his removal from post of Principal was held illegal but instead of directing his reinstatement it was declared that he would be entitled to amount of compensation equal to six months pay and other allowances admissible to the post of Principal.

(2.) Petitioner H.P.Gitte, was appointed as lecturer in History, initially on part time basis in 1974, by Jawahar Education Society Parli Vaijanath. He was lateron appointed as full-fledged lecturer on probation. Somewhere in 1978 he completed the probation period and was substantively appointed as confirmed lecturer. There occurred vacancy in the post of Principal of the College due to resignation tendered by the then Principal in the year 1990. Prof. H.P.Gitte was appointed as incharge Principal by management of the Educational Trust on 10.1.1991 from amongst the teachers. He possessed post graduation degree and teaching experience of more than 10 years as was required at the relevant time for appointment as Principal. The appointment was given temporary approval by the University. The Managing Committee resolved in its meeting dated 22.5.1993 to regularise his appointment as Principal and issued an order dated 24.5.1993 making such appointment in the pay-scale of Principal i.e. Rs.4,500 - 6,300/-, w.e.f. 11.1.1993. He was allowed to draw salary in the scale available to the post of Principal.

(3.) The case of petitioner Prof. H.P.Gitte, is that there took place dispute amongst two groups of the Educational Trust, one group was spear headed by Respondent No.l Shridhar and another was spear headed by counter petitioner-late Suvvalal. The dispute arose after elections of the Managing Committee and both the groups filed change reports. Late Suvvalal claimed himself to be President of the Educational Trust. He was appointed as Member of Senate of the University in February 1993. He was on cross terms with the petitioner - Prof. H.P.Gitte since the latter was appointed by group of Respondent No.l Shridhar Gitte, who also claimed himself to be elected President of the Trust. Though, the management sent letter to the University for grant of approval to the appointment of Prof. H.P.Gitte, after completion of his two years probation, yet by letter dated 13.7.1993 the University refused to grant such approval for the reason that he was not selected through the Selection Committee.