MAHARASHTRA COSMOPOLITAN EDUCATION SOCIETYS MCES COLLEGE OF EDUCATION AND RESEARCH Vs. THE PRESIDING OFFICER, MUMBAI UNIVERSITY AND COLLEGE TRIBUNAL & ORS.
LAWS(BOM)-2017-2-187
HIGH COURT OF BOMBAY
Decided on February 15,2017

Maharashtra Cosmopolitan Education Societys Mces College Of Education And Research Appellant
VERSUS
The Presiding Officer, Mumbai University And College Tribunal And Ors. Respondents

JUDGEMENT

G.S.KULKARNI,J. - (1.) Heard Mr. C.K. Thomas, learned counsel for the Petitioner and Mr. Dighe, learned Counsel for Respondent No.2. This Writ Petition is directed against the judgement and order dated 25th November 2016, passed by the Learned Presiding Officer of the Mumbai University and College Tribunal. The Appeal filed by the 2nd Respondent, challenging his termination has been allowed in the following terms: "(a) In the circumstances, having regard to the facts and circumstances, and considering the legal position, present appeal deserves to be allowed partly, and it is allowed partly, and it is held that action of oral otherwise termination by Respondent No.1 for not allowing the Appellant to sign the muster roll w.e.f.15.06.2015 prior to his age of superannuation upto age of 65 years subject to report of Performance Review Committee on completion of 62 years, is illegal and same is quashed and set aside, with direction to Respondent Nos.1 and 2 to reinstate the Appellant on the post of Principal in the Respondent No.2 Degree College w.e.f. 15.06.2015, with continuity of his service, back wages and consequential benefits, within the period of three months, and appeal stands disposed off with no order as to costs".
(2.) The case of the 2nd Respondent before the Tribunal was that the 2nd Respondent was appointed as a full time Principal in the Appellants Degree College with effect from 1st July 2005, initially on a probation for two years. He possessed the necessary qualifications, namely, a Ph.D, teaching experience etc. The University of Mumbai also granted approval to the appointment of the 2nd Respondent as a Principal on probation. Thereafter, the 2nd Respondent was appointed as a regular Principal on completing the probationary period.
(3.) The State of Maharashtra had issued Government Resolutions dated 25th February 2011, 5th March, 2011 and 23rd November 2011, accepting various recommendations of the University and the other concerned authorities, whereby it was directed that the provisions of the said Government Resolutions be implemented by all the aided/unaided colleges affiliated to the University. By these Government Resolutions, age of retirement of the Principals of aided colleges was extended from the age of 60 years to 65 years, subject to their 'performance review', on completion of the age of 62 years.;


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