AGRAWAL RICHA Vs. UNIVERSITY OF MUMBAI

JUDGEMENT

(1.) Rule. Rule made returnable forthwith and, with the consent of the learned counsels for the parties, heard finally.

(2.) By this petition under Article 226 of the Constitution of India, the petitioner assails the action of the University of Mumbai, the respondent No.1, of rejecting a proposal for condonation of break in the petitioner's service of 38 days.

(3.) The petition arises in the backdrop of the following facts : The petitioner is a qualified lecturer. The petitioner was initially appointed, on the post of lecturer, at Rizvi College, Mumbai, after following due selection process, with effect from 10 th June 2008, on probation, for a period of two years. The said appointment was then duly approved by the respondent No.1. Rizvi College, however, terminated the services of the petitioner. When the petitioner challenged the said order of termination before the College and University Tribunal, Mumbai, Rizvi College withdrew the said termination order, realising its unsustainability. However, the petitioner's services were again terminated with effect from 6th June 2010. The petitioner assailed the said termination by preferring appeal No. 13 of 2010. In the meanwhile, the petitioner came to be appointed as lecturer with Guru Nanak College of A,S and C, Matunga respondent No.5, run by respondent No.4. In view of the subsequent development, the petitioner did not pursue appeal No.13 of 2010 for the purpose of reinstatement. The appeal came to be disposed of by order dated 14th November 2011.