Dismissed

Shrikant K. Deshpande v. the Secretary (Shri Shahu Shikshan Prasarak Mandal, Vadgaon) and Ors.

Bombay HC19 Nov 2008WP/7692/2005

Case brief

AI extract

What is this about?

The High Court held that while the petitioner lacked qualifications for Vice Principal, the reversion order should not be retrospective. Petitioner directed that additional emoluments drawn by the petitioner during the tenure shall not be recovered.

What did the court decide?

Direction that additional emoluments withdrawn by petitioner from 1997 to 29th August 2005 shall not be recovered.

Shrikant K. Deshpande Vs the Secretary (Shri… — Pension and Retirement Benefits | Bombay HC (2008)

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

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CIVIL APPELLATE JURISDICTION

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WRIT PETITION NO. 7692 OF 2005

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DIST.:

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KOLHAPUR

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Shrikant K. Deshpande ...Petitioner Versus The Secretary, Shri Shahu Shikshan Prasarak Mandal, & Ors. ...Respondents.

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Mr. Mandar Limaye for the Petitioner

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Mr. V.A. Sonpal, Assistant Government Pleader, for Respondents No. 3 and 4

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Mr. A.M. Khandekar i/by Mr. M.S. Topkar for Respondent No. 5.

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CORAM : B ILAL NAZKI and J.H. BHATIA, JJ. DATE : NOVEMBER 19, 2008

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P.C. :-

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The petitioner's case is that he was appointed as the Assistant Teacher on 1^st June, 1981. By Government Resolution dated 5^th August, 1997, the Government provided that where there are 8 or more teachers in a college, the seniormost teacher should be appointed as Vice Principal, and according to that policy, the petitioner became Vice Principal from 1^st September, 1997. He continued

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to remain as Vice Principal till 29^th August, 2005 when the first respondent passed an order reverting him back to the post of an Assistant Teacher.

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The case of the respondents is that in terms of Government Resolution dated 2^nd January, 2002, a Vice Principal should have the qualification of B.Ed. The petitioner, admittedly, had not the qualification of B.Ed., but he had passed a Diploma in Higher Education, and, according to the respondents, diploma could not be equated with a degree. Since, admittedly, the petitioner was not eligible to be appointed as Vice Principal, because he did not have the qualification of B.Ed., therefore, no fault can be attributed to the action of the respondents reverting the petitioner from the post of Vice Principal.

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We, therefore, do not find merit in this petition. However, the learned counsel for the petitioner submits that he had been promoted as Vice Principal in 1997, and continued as Vice Principal up to 29^th August, 2005. Therefore, the order of reversion should not be retrospective and should only be prospective, as, according to him, even if there was a mistake of promoting the petitioner, it was a mistake

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committed by the respondents, and he should not be made to pay for that.

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We agree with the learned counsel for the petitioner, and direct that if the petitioner has withdrawn any additional emoluments by being Vice Principal from 1997 till 29^th August, 2005, those amounts shall not be recovered from the petitioner. With this direction, the Writ Petition is disposed of. The Rule is made absolute to the extent mentioned above.

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BILAL NAZKI, J.

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J.H. BHATIA, J.

Shrikant K. Deshpande v. the Secretary (Shri Shahu Shikshan Prasarak Mandal, Vadgaon) and Ors.

Case brief

What is this about?

What did the court decide?

Shrikant K. Deshpande v. the Secretary (Shri Shahu Shikshan Prasarak Mandal, Vadgaon) and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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