VASANT DIGAMBAR KAMBLE Vs. SOU M B DESHMUKH

JUDGEMENT

(1.) THE dispute in this petition filed under Article 226 of the Constitution of India is about the inter se seniority between the petitioner and respondent No. 1 in the services in the College run by respondent No. 3 The relevant facts which led to the filing of this petition are as follows:

(2.) THE petitioner was appointed as a Lecturer in the Senior College at Barsi on July 30, 1973 and the petitioner was taking Lectures in the subject of English. The appointment of the petitioner was in a permanent vacancy caused by resignation of Prof. Mr. Pitake and the duration of this appointment was for a period of one year. The appointment of the petitioner was approved by the Executive Council of Shivaji University to which Barsi College is affiliated. The service of the petitioner was continued for academic year 1974-75 also and on March 14, 1975, the petitioner was informed that his services are not required from June 15, 1975 onwards. By appointment order dated March 31, 1975, the petitioner was appointed as a Method Master in english in Barsi College from June 16, 1975 for a duration ,of one year. The petitioner was transferred to Junior College from July 1, 1977, and to Senior College from September 1, 1978. The petitioner was confirmed as Lecturer on March 7, 1979 but was subsequently given a deemed date of confirmation with effect from July 1, 1975 the respondent No. 1 was initially appointed as a Part time Lecturer on August 20, 1975 in the senior College at Barsi and acted as full-time Lecturer from August 10, 1977 onwards. The seniority list of the teachers in English Department was prepared on February 14, 1980 and the petitioner was placed at Serial No. 3, while respondent No. l at Serial No. 5. On February 21, 1983, the respondent No. 1 was informed by the management that her services are not required as there is no sufficient workload in the Senior College, The respondent No. 1 made representation to the Government and also lodged a complaint dated May 27, 1983 with Shivaji university about the fixation of the seniority list and showing the petitioner as senior to respondent No. l.

(3.) ON August 12, 1985, Shivaji University in exercise of powers under Section 24 of the Shivaji university Act, 1974, appointed Shri D. U. Pawar as one man Commission to enquire about the complaint of respondent No. 1 about the seniority over the petitioner. Shri Pawar submitted his report on March 10, 1986 accepting the claim of respondent No. l and that has given rise to the filing of the present petition.