Case: WAINGANGA BAHUDDESHIYA VIKAS SANSTHA THR. PRESIDENT B.B. KARANJEKAR Vs. KU. JAYA

3) Respondent No. 1 was appointed as Lecturer of Home Economics on ad-hoc basis till such full time Lecturer is appointed, vide appointment letter dated February 24, 1999. There was also a condition in the appointment order that if her performance is found to be unsatisfactory, services can be terminated without giving any notice. The relevant clauses of the appointment order read asWith reference to your application, this is to inform you that you are appointed as a purely temporary full time lecturer in the subject Home Economics in Rajiv Gandhi Mahavidyalaya, Sadak Arjuni, on ad hoc basis.In case your performance is found to be unsatisfactory, your services shall be terminated at any time during the temporary services without anyThe services of respondent No. 1 were terminated on February 20, 2001, inter alia, for the reason that her services in the academic year 1999-2000 and 2000-2001 were found to be unsatisfactory. Therefore, as per terms and conditions mentioned in the order of appointment, the services of respondent No. 1 were terminated and salary for one month was paid toThe respondent No1, aggrieved against the termination order, filed an appeal before the College Tribunal under Section 59 of the Maharashtra Universities Act, 1994. The said appeal was dismissed by the Presiding Officer of the CollegeAgain, aggrieved against the said order passed by the Presiding Officer, Respondent No. 1 invoked the jurisdiction of the High Court of Judicature at Bombay, Nagpur Bench. The writ petition was dismissed by the learned Single Bench of the High Court. However, the intra-court appeal was allowed vide order impugned in the presentThe Division Bench of the High Court found that the order of termination is not innocuous or harmless without casting stigma on respondent No. 1. The Management Committee took the decision of termination of services of respondent No. 1 prior to the completion of period of probation. Such finding was arrived at for the reason that the report of the Principal casts stigma which is the basis of the order ofThe Division Bench relied upon the service conditions of teachers which are governed by Statute 53 of the University which contemplates that a Teacher shall be appointed in a clear vacancy in the first instance on probation for two years from the date of appointment. Therefore, in the absence of confirmation or notice of termination, satisfactory completion of probation is presumed.

Reasoning:
9) We find that the Division Bench has travelled much beyond the controversy involved in the writ petition. The appointment of respondent No. 1 is categorically on ad-hoc basis till such time full time Lecturer is appointed. The order of termination of services is simpliciter without any stigma noticing that the work is not satisfactory. The appointment of respondent No. 1 was not on probation but, it was purely ad-hoc appointment and the Management has kept right to terminate the services during ad-hoc period on account of unsatisfactoryIn the present case, respondent No.1 was appointed on ad-hoc basis. Such temporary appointment pending filling up of a vacancy on regular basis does not confer any right at par with the candidate appointed on regular basis. The appointment of the respondent No.1 was not on probation as there is no such condition in the letter of appointment. The services of an employee can be dispensed with on account of unsatisfactory work. The decision to arrive at the unsatisfactory work is motive and not the foundation of termination of services. We have seen the opinion of the Principal, which does not contain any adverse comments but the comments are in relation to the work of the respondent No. 1, such comments cannot be made basis for setting aside the termination of an ad- hocMs. Mahalaxmi, learned senior counsel for the respondents, has referred to the orders of the High Court of Judicature at Bombay in Wainganga Bahu-uddeshiya & Ors. v. Diwakar & Ors. and Wainganga Bahu-uddeshiya Vikas Sanstha & Ors. v. Anil & Ors. to contend that the appellant has been taking punitive action against the members of the teaching faculty. However, we find that both the cases pertain to disciplinary action after conduct of regular inquiry which has no relevance with the termination of an employee appointed on ad-hocConsequently, we find that the order passed by the Division Bench of the High Court is clearly unsustainable in law. The same is set aside.