LAWS(BOM)-1986-3-1

MURGENDRA PIRAPPA DHERE Vs. STATE OF MAHARASHTRA

Decided On March 10, 1986
MURGENDRA PIRAPPA DHERE Appellant
V/S
STATE OF MAHARASHTRA Respondents

JUDGEMENT

(1.) This second appeal by the original plaintiff, Murgendra Pirappa Dhere, arises under the following facts and circumstances.

(2.) The Plaintiff was in the employment as a Live-Stock Supervisor of Respondent No. 2 (hereinafter referred to as "Defendant No. 2") i.e. Director of Animal Husbandry, State of Maharashtra, Poona-1 and Respondent No. 1 i.e. the State of Maharashtra (hereinafter referred to as "Defendant No. 1"). He was posted by defendant No. 2 at the Artificial Insemination Sub-Centre, Dhavali. The plaintiff had put in about nine years of service when his services came to be abruptly terminated by an order dated 12th October, 1971 passed by defendant No. 2. The order reads as under :---

(3.) Aggrieved by the said order, the plaintiff filed Regular Civil Suit No. 602 of 1972 in the Court of the learned Civil Judge, (Senior Division), Poona challenging his wrongful termination of service and claiming reinstatement with consequential relief in the matter of emoluments. The learned Civil Judge, (Senior Division), Poona decreed the plaintiffs suit by his judgment and order dated 22nd February, 1977 and declared that the defendant No. 2s letter dated 12th October, 1971 by which the plaintiffs services were terminated was illegal, improper, null and void and also inoperative and that the plaintiff continued in the services of the defendants as a Live-Stock Supervisor and was entitled to all the pay and allowances from the date of the termination of his services and he was further entitled to all the benefits for the intervening period as also all the pay and allowances upto the date of his reinstatement. It was further ordered that the defendants should pay Rs. 1036/- to the plaintiff towards the arrears of salary from 19-11-1971 to 19-4-1972 and the cost of the suit.