Writ petition challenging termination of employment. Petitioner selected despite lacking essential diploma but holding a B.E. Degree. Court held no protection afforded by Recruitment Policy and dismissed the petition.
Writ petition dismissed. Termination of petitioner's services upheld.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Diksha Rane
Digitally signed by DIKSHA DIKSHA DINESH DINESH RANE RANE Date: 2022.07.06 17:50:48 +0530
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 1241 OF 2021 Naval Kishor Pal ..Petitioner
vs.
The Chief General Manager & ors. ..Respondents
Mr. Karan S. Thorat for the petitioners.
Mr. Yuvraj P. Narvankar for respondents.
CORAM : A. K. MENON &
M. S. KARNIK, J.J.
DATE : JULY 5, 2022.
P.C. :
1
qualification for the post of Supervisor (S-1) viz a 1 st Class Diploma in Printing Technology. This was stated to have been stipulated by the Employment Notification dated April 20, 2015. The petitioner did not possess this essential qualification. He, however, was a qualified Electrical Engineer holding a B.E. degree.
SPMCIL RECRUITMENT POLICY – 2012
SUPERVISOR
| Supervisor | 1st class Diploma in |
||
|---|---|---|---|
| (S-1) | Engineering/B.Com/Diploma in |
||
| Taxation Law/Bachelor in Business | B. Tech / MBA | 30 years | |
| Administration / 1stclass graduate | |||
| with diploma in HR related area. |
2
ORDER
(M. S. KARNIK, J.) (A. K. MENON, J.)
3
2 issues framed by the court
Whether a petitioner terminated for lacking essential qualifications can rely on a default provision allowing candidates with higher degrees when only desirable qualifications are available.
Whether the High Court can interfere in termination of services where recruitment policy clearly stipulated essential qualifications not possessed by the employee.
1 provisions across 1 enactments
Naval Kishor Pal
The Chief General Manager & ors.
A. K. MENON
M. S. KARNIK
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
