JAIMINI OZA Vs. PARKAR KAISER SHAMSUDDIN

JUDGEMENT

(1.) The present appeal arises from the judgment and order dated 12th February, 2002 passed by the learned Single Judge in Writ Petition No. 1201 of 1995. By the impugned judgment and order, the writ petition filed by the appellants against the judgment and order dated 27th April, 1995 passed in Appeal No. 18 of 1992 has been dismissed. By the said order, the College Tribunal had allowed the appeal filed by the respondent No. 1 and the order of termination of the services dated 20th June, 1992 was set-aside and he was directed to be reinstated in the service with effect from 20th June, 1992 while declaring him to be appointed on probation with effect from 20th June, 1991 in the appellant-college.

(2.) The said Writ Petition was filed also in relation to the order passed in Appeal No. 20 of 1992 by the College Tribunal on 27th April, 1995. In fact, it was a common judgment in both the appeals and the Appeal No. 20 of 1992 related to the respondent No. 2 herein. The learned Advocate for the appellants, however, stated that the respondent No. 2 has already retired and he does not press for the appeal against the respondent No. 2.

(3.) As far as the respondent No. 1 is concerned, it is the case of the appellants that the respondent No. 1 was appointed as the part-time Lecturer in Zoology from 1st August, 1990 till 20th April, 1991. He was again appointed on temporary basis in the petitioner college as Lecturer in Zoology from 20th June, 1991 to 19th April, 1992. His temporary services came to an end on 20th April, 1992. On 20th April, 1992, the respondent No. 1 filed an application with the appellants requesting for his appointment on probation basis as the Lecturer in Zoology for the Academic Year 1992-93.