Padmashree Dr. Vitthalrao Vikhe Patil… — Pension and Retirement Benefits | Bombay HC (2013)

Padmashree Dr. Vitthalrao Vikhe Patil… — Pension and Retirement Benefits | Bombay HC (2013)

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UNREPORTED

IN THE HIGH COURT OF JUDICATURE AT

BOMBAY

BENCH AT AURANGABAD.

WRIT PETITION NO. 167 OF 2013

1. Padmashree Dr. Vitthalrao Vikhe Patil Foundation, Viladghat, Ahmednagar Through its Secretary.

2. Padmashree Dr. Vitthalrao Vikhe Patil Foundation’s Polytechnic Viladghat, Ahmedangar, Dist. Ahmednagar.

..PETITIONERS

-Versus-

1. The Joint Director, Directorate of Technical Education, Government Polytechnic Campus, Samangaon Road, Nashik Road, Nashik.

2. Shri Machindra Ramji Rohokale Age : 53 years, Occ : R/o Vadgaon Gupta, Shindi Road, Tq. & District Ahmednagar.

..RESPONDENTS

WITH

WRIT PETITION NO. 170 OF 2013

1. Padmashree Dr. Vitthalrao Vikhe Patil Foundation, Viladghat, Ahmednagar Through its Secretary.

2. Padmashree Dr. Vitthalrao Vikhe Patil Foundation’s Polytechnic Viladghat, Ahmedangar, Dist. Ahmednagar.

..PETITIONERS

-Versus-

1. The Joint Director, Directorate of Technical Education, Government Polytechnic Campus, Samangaon Road, Nashik Road, Nashik.

2. Shri Jagdish Tukaram Mhetre Age : 45 years, Occ : R/o “Onkar”, Plot No.27, Vijay Nagar, Bolhegaon Phata, District Ahmednagar.

..RESPONDENTS

WITH

WRIT PETITION NO. 283 OF 2013

1. Padmashree Dr. Vitthalrao Vikhe Patil Foundation, Viladghat, Ahmednagar Through its Secretary.

2. Padmashree Dr. Vitthalrao Vikhe Patil Foundation’s Polytechnic Viladghat, Ahmedangar, Dist. Ahmednagar.

..PETITIONERS

-Versus-

1. The Joint Director, Directorate of Technical Education, Government Polytechnic Campus, Samangaon Road, Nashik Road, Nashik.

2. Shri Pramod Vitthal Kharmale Age : 49 years, Occ : R/o Ahmednagar, District Ahmednagar.

..RESPONDENTS

WITH

WRIT PETITION NO. 296 OF 2013

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1. Padmashree Dr. Vitthalrao Vikhe Patil Foundation, Viladghat, Ahmednagar Through its Secretary.

2. Padmashree Dr. Vitthalrao Vikhe Patil Foundation’s Polytechnic Viladghat, Ahmedangar, Dist. Ahmednagar.

..PETITIONERS

-Versus-

1. The Joint Director, Directorate of Technical Education, Government Polytechnic Campus, Samangaon Road, Nashik Road, Nashik.

2. Shri Zulfikar Shafi Shaikh Age : 49 years, Occ : R/o Plot No. 35/P, Gauravnagar, Irrigation, Behind P.W.D. Office, Ahmednagar, Dist. Ahmedngar.

..RESPONDENTS

WITH

WRIT PETITION NO. 284 OF 2013

1. Padmashree Dr. Vitthalrao Vikhe Patil Foundation, Viladghat, Ahmednagar Through its Secretary.

2. Padmashree Dr. Vitthalrao Vikhe Patil Foundation’s Polytechnic Viladghat, Ahmedangar, Dist. Ahmednagar.

..PETITIONERS

-Versus-

1. The Joint Director, Directorate of Technical Education, Government Polytechnic Campus, Samangaon Road, Nashik Road, Nashik.

2. Shri Bhimraj Rangnath Pawar Age : 49 years, Occ : R/o Near Govt. Milk Dairy, M.I.D.C. Ahmednagar, District Ahmednagar.

..RESPONDENTS

WITH

WRIT PETITION NO. 288 OF 2013

1. Padmashree Dr. Vitthalrao Vikhe Patil Foundation, Viladghat, Ahmednagar Through its Secretary.

2. Padmashree Dr. Vitthalrao Vikhe Patil Foundation’s Polytechnic Viladghat, Ahmedangar, Dist. Ahmednagar.

..PETITIONERS

-Versus-

1. The Joint Director, Directorate of Technical Education, Government Polytechnic Campus, Samangaon Road, Nashik Road, Nashik.

2. Shri Bhausaheb Damu Funde Age : 44 years, Occ : R/o Walunj, Post. Pathardi, Tq. Pathardi, District Ahmednagar.

..RESPONDENTS

WITH

WRIT PETITION NO. 298 OF 2013

1. Padmashree Dr. Vitthalrao Vikhe Patil Foundation, Viladghat, Ahmednagar Through its Secretary.

2. Padmashree Dr. Vitthalrao Vikhe Patil Foundation’s Polytechnic Viladghat, Ahmedangar, Dist. Ahmednagar.

..PETITIONERS

5

-Versus-

1. The Joint Director, Directorate of Technical Education, Government Polytechnic Campus, Samangaon Road, Nashik Road, Nashik.

2. Shri Kashinath Shaligram Gavate Age : 44 years, Occ : R/o Pachi Mahadev Vasti, Post. Vambori, Tq. Rahuri, District Ahmednagar.

..RESPONDENTS

WITH

WRIT PETITION NO. 299 OF 2013

1. Padmashree Dr. Vitthalrao Vikhe Patil Foundation, Viladghat, Ahmednagar Through its Secretary.

2. Padmashree Dr. Vitthalrao Vikhe Patil Foundation’s Polytechnic Viladghat, Ahmedangar, Dist. Ahmednagar.

..PETITIONERS

-Versus-

1. The Joint Director, Directorate of Technical Education, Government Polytechnic Campus, Samangaon Road, Nashik Road, Nashik.

2. Shri Vinayak Balkrishna Kadam Age : 46 years, Occ : R/o House No. 7417, Viladkar Galli, Maliwada, Ahmednagar, District Ahmednagar.

..RESPONDENTS

WITH

WRIT PETITION NO. 300 OF 2013

1. Padmashree Dr. Vitthalrao Vikhe Patil

Foundation, Viladghat, Ahmednagar
Through its Secretary.

2. Padmashree Dr. Vitthalrao Vikhe Patil Foundation’s Polytechnic Viladghat, Ahmedangar, Dist. Ahmednagar.

..PETITIONERS

-Versus-

1. The Joint Director, Directorate of Technical Education, Government Polytechnic Campus, Samangaon Road, Nashik Road, Nashik.

2. Shri Sachin Khanderao Kardile Age : 43 years, Occ : R/o “Anjali”, Opp. to Tar Colony, Savedi, District Ahmednagar.

..RESPONDENTS

WITH

WRIT PETITION NO. 301 OF 2013

1. Padmashree Dr. Vitthalrao Vikhe Patil Foundation, Viladghat, Ahmednagar Through its Secretary.

2. Padmashree Dr. Vitthalrao Vikhe Patil Foundation’s Polytechnic Viladghat, Ahmedangar, Dist. Ahmednagar.

..PETITIONERS

-Versus-

1. The Joint Director, Directorate of Technical Education, Government Polytechnic Campus, Samangaon Road, Nashik Road, Nashik.

2. Shri Sharad Chamakrao Tanpure Age : 42 years, Occ : R/o Plot No.41, Punammoti Nagar,

Behind Market Yard, Ahmednagar,
District Ahmednagar.

..RESPONDENTS

WITH

WRIT PETITION NO. 302 OF 2013

1. Padmashree Dr. Vitthalrao Vikhe Patil Foundation, Viladghat, Ahmednagar Through its Secretary.

2. Padmashree Dr. Vitthalrao Vikhe Patil Foundation’s Polytechnic Viladghat, Ahmedangar, Dist. Ahmednagar.

..PETITIONERS

-Versus-

1. The Joint Director, Directorate of Technical Education, Government Polytechnic Campus, Samangaon Road, Nashik Road, Nashik.

2. Shri Shivaji Yashwant Avhad Age : 43 years, Occ : R/o Laxmivihare, Tq. Newasa, District Ahmednagar.

..RESPONDENTS

WITH

WRIT PETITION NO. 303 OF 2013

1. Padmashree Dr. Vitthalrao Vikhe Patil Foundation, Viladghat, Ahmednagar Through its Secretary.

2. Padmashree Dr. Vitthalrao Vikhe Patil Foundation’s Polytechnic Viladghat, Ahmedangar, Dist. Ahmednagar.

..PETITIONERS

-Versus-

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1. The Joint Director, Directorate of Technical Education, Government Polytechnic Campus, Samangaon Road, Nashik Road, Nashik.

2. Shri Dattatraya Bhanudas Gavhane Age : 51 years, Occ : R/o Vidya Colony, Savedi, Ahmednagar, District Ahmednagar.

..RESPONDENTS

WITH

WRIT PETITION NO. 285 OF 2013

1. Padmashree Dr. Vitthalrao Vikhe Patil Foundation, Viladghat, Ahmednagar Through its Secretary.

2. Padmashree Dr. Vitthalrao Vikhe Patil Foundation’s Polytechnic Viladghat, Ahmedangar, Dist. Ahmednagar.

..PETITIONERS

-Versus-

1. The Joint Director, Directorate of Technical Education, Government Polytechnic Campus, Samangaon Road, Nashik Road, Nashik.

2. Shri Laxman Bhausaheb Awari Age : 51 years, Occ : R/o at and Post. Randhe, Tq. Parner, District Ahmednagar.

..RESPONDENTS

WITH

WRIT PETITION NO. 291 OF 2013

1. Padmashree Dr. Vitthalrao Vikhe Patil Foundation, Viladghat, Ahmednagar Through its Secretary.

2. Padmashree Dr. Vitthalrao Vikhe Patil Foundation’s Polytechnic Viladghat, Ahmedangar, Dist. Ahmednagar.

..PETITIONERS

-Versus-

1. The Joint Director, Directorate of Technical Education, Government Polytechnic Campus, Samangaon Road, Nashik Road, Nashik.

2. Shri Dattatraya Eknath Pund Age : 45 years, Occ : R/o Nandgaon Shingave, Tq. & District Ahmednagar.

..RESPONDENTS

WITH

WRIT PETITION NO. 292 OF 2013

1. Padmashree Dr. Vitthalrao Vikhe Patil Foundation, Viladghat, Ahmednagar Through its Secretary.

2. Padmashree Dr. Vitthalrao Vikhe Patil Foundation’s Polytechnic Viladghat, Ahmedangar, Dist. Ahmednagar.

..PETITIONERS

-Versus-

1. The Joint Director, Directorate of Technical Education, Government Polytechnic Campus, Samangaon Road, Nashik Road, Nashik.

2. Shri Vitthal Annasaheb Sable Age : 44 years, Occ : R/o Near Vilad Water Tank, Vilad, Ahmednagar, District Ahmednagar.

..RESPONDENTS

10

WITH

WRIT PETITION NO. 293 OF 2013

1. Padmashree Dr. Vitthalrao Vikhe Patil Foundation, Viladghat, Ahmednagar Through its Secretary.

2. Padmashree Dr. Vitthalrao Vikhe Patil Foundation’s Polytechnic Viladghat, Ahmedangar, Dist. Ahmednagar.

..PETITIONERS

-Versus-

1. The Joint Director, Directorate of Technical Education, Government Polytechnic Campus, Samangaon Road, Nashik Road, Nashik.

2. Shri Vilas Bhimsing Jadhav Age : 51 years, Occ : R/o Akolner,

Tq. & District Ahmednagar.

..RESPONDENTS

WITH

WRIT PETITION NO. 294 OF 2013

1. Padmashree Dr. Vitthalrao Vikhe Patil Foundation, Viladghat, Ahmednagar Through its Secretary.

2. Padmashree Dr. Vitthalrao Vikhe Patil Foundation’s Polytechnic Viladghat, Ahmedangar, Dist. Ahmednagar.

..PETITIONERS

-Versus-

1. The Joint Director, Directorate of Technical Education, Government Polytechnic Campus, Samangaon Road, Nashik Road, Nashik.

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2. Shri Pradip Haribhau Dhambore Age : 41 years, Occ : R/o Sonai, Tq. Newasa, District Ahmednagar.

..RESPONDENTS

WITH

WRIT PETITION NO. 289 OF 2013

1. Padmashree Dr. Vitthalrao Vikhe Patil Foundation, Viladghat, Ahmednagar Through its Secretary.

2. Padmashree Dr. Vitthalrao Vikhe Patil Foundation’s Polytechnic Viladghat, Ahmedangar, Dist. Ahmednagar.

..PETITIONERS

-Versus-

1. The Joint Director, Directorate of Technical Education, Government Polytechnic Campus, Samangaon Road, Nashik Road, Nashik.

2. Shri Bhausaheb Narayan Kadu Age : 43 years, Occ : R/o at and Post Sade, Tq.Rahuri, District Ahmednagar.

..RESPONDENTS

WITH

WRIT PETITION NO. 290 OF 2013

1. Padmashree Dr. Vitthalrao Vikhe Patil Foundation, Viladghat, Ahmednagar Through its Secretary.

2. Padmashree Dr. Vitthalrao Vikhe Patil Foundation’s Polytechnic Viladghat, Ahmedangar, Dist. Ahmednagar.

..PETITIONERS

12

-Versus-

1. The Joint Director, Directorate of Technical Education, Government Polytechnic Campus, Samangaon Road, Nashik Road, Nashik.

2. Shri Navnath Raghunath Somwanshi Age : 43 years, Occ : R/o At and Post Vaijapur, Tq. Vaijapur, District Aurangabad.

..RESPONDENTS

WITH

WRIT PETITION NO. 306 OF 2013

1. Padmashree Dr. Vitthalrao Vikhe Patil Foundation, Viladghat, Ahmednagar Through its Secretary.

2. Padmashree Dr. Vitthalrao Vikhe Patil Foundation’s Polytechnic Viladghat, Ahmedangar, Dist. Ahmednagar.

..PETITIONERS

-Versus-

1. The Joint Director, Directorate of Technical Education, Government Polytechnic Campus, Samangaon Road, Nashik Road, Nashik.

2. Shri Babasaheb Shivaji Ware Age : 47 years, Occ : R/o Bharatnagar, Gandhinagar, Ahmednagar, District Ahmednagar.

..RESPONDENTS

WITH

WRIT PETITION NO. 307 OF 2013

1. Padmashree Dr. Vitthalrao Vikhe Patil

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Foundation, Viladghat, Ahmednagar
Through its Secretary.

2. Padmashree Dr. Vitthalrao Vikhe Patil Foundation’s Polytechnic Viladghat, Ahmedangar, Dist. Ahmednagar.

..PETITIONERS

-Versus-

1. The Joint Director, Directorate of Technical Education, Government Polytechnic Campus, Samangaon Road, Nashik Road, Nashik.

2. Shri Nanasaheb Sakharam Wable Age : 52 years, Occ : R/o Near Water Pumping Station, M.I.D.C. Ahmednagar, District Ahmednagar.

..RESPONDENTS

WITH

WRIT PETITION NO. 314 OF 2013

1. Padmashree Dr. Vitthalrao Vikhe Patil Foundation, Viladghat, Ahmednagar Through its Secretary.

2. Padmashree Dr. Vitthalrao Vikhe Patil Foundation’s Polytechnic Viladghat, Ahmedangar, Dist. Ahmednagar.

..PETITIONERS

-Versus-

1. The Joint Director, Directorate of Technical Education, Government Polytechnic Campus, Samangaon Road, Nashik Road, Nashik.

2. Shri Nivruti Baburao Satpute Age : 59 years, Occ : R/o Patil Row Housing

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Police Colony, Savedi, Ahmednagar,
District Ahmednagar.

..RESPONDENTS

WITH

WRIT PETITION NO. 295 OF 2013

1. Padmashree Dr. Vitthalrao Vikhe Patil Foundation, Viladghat, Ahmednagar Through its Secretary.

2. Padmashree Dr. Vitthalrao Vikhe Patil Foundation’s Polytechnic Viladghat, Ahmedangar, Dist. Ahmednagar.

..PETITIONERS

-Versus-

1. The Joint Director, Directorate of Technical Education, Government Polytechnic Campus, Samangaon Road, Nashik Road, Nashik.

2. Shri Mahadev Parvati Jadhav Age : 53 years, Occ : R/o Jadhavwadi, Post. Akolner, Tq. & District Ahmednagar.

..RESPONDENTS

WITH

WRIT PETITION NO. 297 OF 2013

1. Padmashree Dr. Vitthalrao Vikhe Patil Foundation, Viladghat, Ahmednagar Through its Secretary.

2. Padmashree Dr. Vitthalrao Vikhe Patil Foundation’s Polytechnic Viladghat, Ahmedangar, Dist. Ahmednagar.

..PETITIONERS

-Versus-

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1. The Joint Director, Directorate of Technical Education, Government Polytechnic Campus, Samangaon Road, Nashik Road, Nashik.

2. Shri Bharat Dhondiba Gaiyake Age : 44 years, Occ : R/o Near Govt. Milk Dairy, M.I.D.C. Ahmednagar, District Ahmednagar.

..RESPONDENTS

WITH

WRIT PETITION NO. 305 OF 2013

1. Padmashree Dr. Vitthalrao Vikhe Patil Foundation, Viladghat, Ahmednagar Through its Secretary.

2. Padmashree Dr. Vitthalrao Vikhe Patil Foundation’s Polytechnic Viladghat, Ahmedangar, Dist. Ahmednagar.

..PETITIONERS

-Versus-

1. The Joint Director, Directorate of Technical Education, Government Polytechnic Campus, Samangaon Road, Nashik Road, Nashik.

2.Shri Arun Laxman Ghodke
Age : 58 years, Occ :
R/o Plot No.79, Rani Laxmibai Chowk,
Kedgaon, Ahmednagar,
District Ahmednagar.

..RESPONDENTS

WITH

WRIT PETITION NO. 308 OF 2013

1. Padmashree Dr. Vitthalrao Vikhe Patil Foundation, Viladghat, Ahmednagar Through its Secretary.

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2. Padmashree Dr. Vitthalrao Vikhe Patil Foundation’s Polytechnic Viladghat, Ahmedangar, Dist. Ahmednagar.

..PETITIONERS

-Versus-

1. The Joint Director, Directorate of Technical Education, Government Polytechnic Campus, Samangaon Road, Nashik Road, Nashik.

2. Shri Balkrishna Pandurang Zavare Age : 48 years, Occ : R/o Dhavalpuri, Tq. Parner, District Ahmednagar.

..RESPONDENTS

WITH

WRIT PETITION NO. 310 OF 2013

1. Padmashree Dr. Vitthalrao Vikhe Patil Foundation, Viladghat, Ahmednagar Through its Secretary.

2. Padmashree Dr. Vitthalrao Vikhe Patil Foundation’s Polytechnic Viladghat, Ahmedangar, Dist. Ahmednagar.

..PETITIONERS

-Versus-

1. The Joint Director, Directorate of Technical Education, Government Polytechnic Campus, Samangaon Road, Nashik Road, Nashik.

2. Shri Pravin Trimbak Davkhar Age : 38 years, Occ : R/o Devlali Pravara, Tq. Rahuri, District Ahmednagar.

..RESPONDENTS

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WITH

WRIT PETITION NO. 311 OF 2013

1. Padmashree Dr. Vitthalrao Vikhe Patil Foundation, Viladghat, Ahmednagar Through its Secretary.

2. Padmashree Dr. Vitthalrao Vikhe Patil Foundation’s Polytechnic Viladghat, Ahmedangar, Dist. Ahmednagar.

..PETITIONERS

-Versus-

1. The Joint Director, Directorate of Technical Education, Government Polytechnic Campus, Samangaon Road, Nashik Road, Nashik.

2. Shri Babasaheb Raghunath Kolse Age : 39 years, Occ : R/o at and Post. Guha, Tq.Rahuri, District Ahmednagar.

..RESPONDENTS

WITH

WRIT PETITION NO. 309 OF 2013

1. Padmashree Dr. Vitthalrao Vikhe Patil Foundation, Viladghat, Ahmednagar Through its Secretary.

2. Padmashree Dr. Vitthalrao Vikhe Patil Foundation’s Polytechnic Viladghat, Ahmedangar, Dist. Ahmednagar.

..PETITIONERS

-Versus-

1. The Joint Director, Directorate of Technical Education, Government Polytechnic Campus,

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Samangaon Road, Nashik Road,
Nashik.

2. Shri Laxman Vishnu Shinde Age : 45 years, Occ : R/o Vilad, Gavaliwada, Tq. & District Ahmednagar.

..RESPONDENTS

WITH

WRIT PETITION NO. 313 OF 2013

1. Padmashree Dr. Vitthalrao Vikhe Patil Foundation, Viladghat, Ahmednagar Through its Secretary.

2. Padmashree Dr. Vitthalrao Vikhe Patil Foundation’s Polytechnic Viladghat, Ahmedangar, Dist. Ahmednagar.

..PETITIONERS

-Versus-

1. The Joint Director, Directorate of Technical Education, Government Polytechnic Campus, Samangaon Road, Nashik Road, Nashik.

2. Shri Prataprao Sahebrao Shelke Age : 51 years, Occ : R/o 11-A, Uday Housing Society, Savedi, District Ahmednagar.

..RESPONDENTS

WITH

WRIT PETITION NO. 312 OF 2013

1. Padmashree Dr. Vitthalrao Vikhe Patil Foundation, Viladghat, Ahmednagar Through its Secretary.

2. Padmashree Dr. Vitthalrao Vikhe Patil Foundation’s Polytechnic Viladghat, Ahmedangar, Dist. Ahmednagar.

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..PETITIONERS

-Versus-

1. The Joint Director, Directorate of Technical Education, Government Polytechnic Campus, Samangaon Road, Nashik Road, Nashik.

2. Shri Subhash Govind Bhosale Age : 44 years, Occ : R/o Pin Palgaon Manavi, Tq. & District Ahmednagar.

..RESPONDENTS

WITH

WRIT PETITION NO. 388 OF 2013

1. Padmashree Dr. Vitthalrao Vikhe Patil Foundation, Viladghat, Ahmednagar Through its Secretary.

2. Padmashree Dr. Vitthalrao Vikhe Patil Foundation’s Polytechnic Viladghat, Ahmedangar, Dist. Ahmednagar.

..PETITIONERS

-Versus-

1. The Joint Director, Directorate of Technical Education, Government Polytechnic Campus, Samangaon Road, Nashik Road, Nashik.

2. Shri Sadashiv Nathnath Nirmale Age : 51 years, Occ : R/o Behind Hanuman Vidyalaya, Savedi, District Ahmednagar.

..RESPONDENTS

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Mr.V.D.Hon, advocate for the Petitioners.
Mr.S.S.Bora, advocate for the Respondent No.2.

CORAM : S.V.GANGAPURWALA,J.

 Date : 14.01.2013.

ORAL JUDGMENT :

1.Heard.

2.Rule. Rule returnable forthwith. With

the consent of the parties, the petitions are
taken up for final hearing. All these petitions
are based on same set of facts and involve common
question, as such are decided together.

3.The Respondent No.2 in these petitions
have filed appeals before the School Tribunal
challenging the action of the present
petitioners- terminating/retrenching them from
services. The Tribunal allowed the said appeals,
directed the present petitioner to pay full back
wages with other consequential benefits from the
date of retrenchment/termination till the date of
the order. The order of retrenchment/termination
was set aside. However, the Tribunal did not

21

grant the prayer of reinstatement. The said
order is assailed by the petitioner-Management in
the present petitions.

4.The facts which are not disputed can be
culled out as under :

(i)The Respondent NO.2 in all these
petitions are employees of the petitioner No.2
Polytechnic College and they are working for more
than ten (10) years.

(ii)The petitioner gave three months notice
of retrenchment under Rule 26 of the Maharashtra
Employees of Private Schools (Condition of
Service) Regulation Act, 1977 and Rules 1981.
The petitioner applied to the Deputy Director,
Technical Education, seeking approval to their
action of retrenchment. The said application was
made along with the list of employees. On
29.7.2005, the Deputy Director, Technical
Education issued letter to the petitioner stating
that the appointments have been made by the
petitioner at his end without following the

22

procedure. The petitioner should take decision
at its end. On or about 29.8.2006, AICTE
withdrew the approval. Thereafter, vide
GovernmentResolutiondt.15.5.2007,the

Government granted permission for closure of the
School from academic year 2006-07.

petitioner submits that the petitioner has
scrupulously followed the procedure as is laid
down in Rule 26 of the MEPS Rules, no fault can
be found in the said procedure. The said
provision has been adhered in its letters and
spirit. The learned counsel submits that the
petitioners were not getting students for the
said diploma course. The efforts were made for
the admissions of more students by various modes
but the same turned out to be futile. The
institution is situated in a rural area. The
total income of the institute is less than the
total expenditure. The petitioner institution did

not get students for the first year in the
academic year 2004-05 and in the said academic
year only 2nd and 3rd year classes were

23

conducted. For all these reasons the petitioner

had no option but to resort to Rule 26 of the
MEPS Rules. The Deputy Director had also
accorded its approval vide letter dated
29.7.2005. That was well within the time. The
School Tribunal has committed an error in setting
aside the said order of retrenchment considering
it as a termination under Rule 25-A of the Rules.

According to the learned counsel, the Tribunal
could not have passed the impugned order.

6.Mr.Bora, learned counsel for the
Respondent No.2 supports the order and submits
that in fact, the action taken by the petitioner
would be referable to Rule 25-A of the MEPS
Rules.It was a case of termination on account of
the voluntary closure. According to the learned
counsel, the Tribunal has considered the said
aspect. The letter dated 29.7.2005 issued by
Dy.Director can not be considered as a letter
granting approval to the action of retrenchment.
On the contrary, the Deputy Director had
cautioned the petitioner and no approval was
granted to their appointments and only it was

24

stated that the petitioner shall take decision at
its end. No approval was accorded to the action
of the petitioners. In light of that, no fault
can be found in the order of the Tribunal.

7.With the assistance of the learned
counsel, I have gone through the order and the
various documents relied by the respective
counsel.

8.As narrated above, the institution has
closed. The approval has been withdrawn by AICTE
on 29.8.2006. So also the State Government has
given sanction to the closure vide GR dated
15.5.2007. In light of the said fact though the
Tribunal has come to the conclusion that the
action of retrenchment is illegal, it had not
accorded the relief of reinstatement.

9.No doubt, the petitioner had tried to
comply Rule 26 of the MEPS Rules. On issuing
three months notice of retrenchment, it
immediately applied to the Deputy Director of
Technical Education seeking approval to the

25

retrenchment of the said 61 employees. However,

the Deputy Director though replied vide letter
dated 29.7.2005, did not positively grant
approval nor rejected the approval. It only
observed that the appointments of the employees
have been made without following the proper
procedure and no approval has been granted to
their appointments. However, it asked the
petitioners to take decision at its end as per
Rules. In fact, the Deputy Director ought to
have either granted approval or rejected it
considering the merits of the matter. In view of
that, there would remain a technical flaw. Rule
26 can only be invoked after the prior approval
of the Deputy Director of Education. In light of
that, I do not see any error on the part of the
Tribunal in terming the said action as not in
consonance with Rule 26 of the MEPS Rules.

10.However, the question would be of

relief to be granted to the employees. The
Tribunal was also convinced that the relief of
reinstatement can not be granted. Taking into
account the fact that the institution has been

26

closed down, initially the AICTE has withdrawn
the approval vide letter dated 29.8.2006 and
subsequently, the State Government has also
granted sanction to the closure vide GR dated
15.5.2007. In such a case, the Tribunal ought to
have resorted to Section 11 of the MEPS
Regulation Act, 1977. Section 11 reads as under :

"11.Powers of Tribunal to give
appropriate reliefs and directions :
(1) On receipt of an appeal, where
the Tribunal, after giving reasonable
opportunity to both parties of being
heard, is satisfied that the appeal
does not pertain to any of the
matters specified in section 9 or is
not maintainable by it, or there is
no sufficient ground for interfering
with the order of the Management it
may dismiss the appeal.

(2)Where the Tribunal, after
giving reasonable opportunity to both
parties of being heard, decides in
any appeal that the order of

27

dismissal,removal,otherwise
termination of the service or
reductioninrankwasin
contravention of any law (including
any rules made under this Act),
contract or conditions of service for
the time being in force or was
otherwise illegal or improper, the
Tribunal may set aside the order of
the Management, partially or wholly,
and direct the Management, -

(a)to reinstate the employee on
the same post or on a lower post as
it may specify;

(b) to restore the employee to
the rank which he held before
reduction or to any lower rank as it
may specify;

emoluments to the employee for such
period as it may specify;

(d)toawardsuchlesser

punishment as it may specify in lieu
of dismissal, removal, otherwise

28

termination of service or reduction
in rank, as the case may be;

(e)where it is decided not to
reinstate the employee or in any
other appropriate case, (to give to
the employee twelve months' salary
(pay and allowances, if any) if he
has been in the service of the school
for ten years or more and six months'
salary (pay and allowances, if any)
if he has been in service of the
school for less than ten years), by
way of compensation, regard being had
to loss of employment and possibility
of getting or not getting suitable
employment thereafter, as it may
specify; or

(f)to give such other relief to

the employee and to observe such
other conditions as it may specify,
having regard to the circumstances of
the case.

(3)It shall be lawful for the
Tribunal to recommend to the State

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Government that any dues directed by
it to be paid to the employee, or in
case of an order to reinstate the
employees any emoluments to be paid
to the employee till he is
reinstated, may be deducted from the
grant due and payable or that may
become due and payable in future, to
the Management and be paid to the
employee direct.

(4)Any direction issued by the
Tribunal under sub-section (2) shall
be communicated to both parties in
writing and shall be complied by the
Managementwithintheperiod
specified in the direction, which
shall not be less than thirty days
from the date of its receipt by the
Management."

11.In view of the aforesaid provision, the
Tribunal ought to have referred to Section 11(e)
and directed payment of 12 months salary
considering the fact that services of all the

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employees were above 10 years the Tribunal could

not have awarded back wages upto the date of the
order as the approval was already withdrawn in
August 2006 and the sanction for closure was also
made by the State Government on 15.5.2007.

12.In light of the above, the order to the
extent of granting full back wages with other
consequential benefits from the date of
retrenchment/termination till the date of order
is quashed and set aside, instead the Respondent
No.2 in each of these petitions would be entitled
for twelve months salary by way of compensation.
The petitioners shall pay Respondent No.2 salary
of twelve months within a period of three (3)
months from today.

13.The Writ Petitions are accordingly
disposed of with aforesaid observations and

directions.

 (S.V.GANGAPURWALA,J.)

asp/office/wp167.13

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