STATE OF MAHARASHTRA Vs. V G KOPPAR

JUDGEMENT

(1.) The appellants, the State of Maharashtra and two others, challenge the judgment and decree passed by the Judge of the City Civil Court, Bombay, in Suit No. 3169 of 1961, decreeing the plaintiff's suit in terms of prayer (b) of the original Pauper Petn. No. 55 of 1960, setting aside his termination of service as illegal, void and inoperative in law and that he still continues to be in the employment of the State Government with all the attendant rights and privileges of his post. The learned Judge also decreed arrears of salary and other emoluments for 38 months prior to the date of the suit. The learned Judge has further directed the respondent-plaintiff to pay to the State Government the court fees necessary on the realisation of the amount. Certain other consequential directions were also given by the learned Judge by his judgment and decree passed on Feb. 23, 1970.

(2.) The plaintiff V. G. Koppar, had filed this suit against the then State of Bombay, defendant No. 1 and had joined defendant No. 2, D. N. Khuredy, in his capacity as Dairy Development Commissioner and the Joint Secretary to the Government of Bombay, Agriculture and Forest Department, and the Secretary to Government of Bombay, Agriculture and Forest Department, as defendant No. 3. In the said suit the plaintiff had prayed that the termination orders dated Oct. 31, 1956 passed by the defendant No. 2, Commissioner, be quashed and set aside as being illegal, void, ultra vires and inoperative in law and that it be declared that he still continues to be in the employment of the respondents- defendants with all the attendant rights and privileges of his post. The said orders reads as under:

(3.) The averments made in the plaint can be briefly summarised as follows: The plaintiff joined the services of the then State of Bombay in its Department of Civil Supplies as a temporary Assistant Engineer (Electrical) at the Aarey Colony in the grade of Rs. 220-15-400. The appointment order was dated April 13, 1950. Subsequently, the Aarey Colony which initially used to be under the Central and was part of the Civil Supplies Department of the then State of Bombay came to be transferred under the control of Agricultural & Forest Department, defendant No. 2 was Joint Secretary and defendant No. 3 was the Secretary of the said Department at tha relevant time. Earlier, in or about 1953, the designation of the plaintiff was changed from the Assistant Engineer to that of the Chargeman (Electrical). The qualifications required for the said post of Chargeman (Electrical) were the same as possessed by the plaintiff and the plaintiff was the senior-most Chargeman in the said Aarey Milk Colony. There were other chargeman besides the plaintiff who were all junior to him and less qualified than the plaintiff. The second defendant, Milk Commissioner, by his order dated July 27, 1956, and subsequently modified by an order of the 2nd respondent dated Sep. 5, 1956, ordered a Departmental Enquiry against the plaintiff on the ground of continued unsatisfactory performance of duties and also getting leave sanctioned from the Dairy Engineer in March, 1956 by suppressing the fact that the leave had been refused by the Special Officer a few days earlier. It was further alleged in the plaint that the second defendant by his order dated 23/24th Oct., 1956 cancelled the said Departmental Enquiry. However, as stated above, the second defendant by order dated Oct. 31, 1956, terminated the services of the plaintiff as they were no longer required by the Government.