
PUNE, Nov 17: The Pune-Shivaji University and College Tribunal today passed a judgement observing that there is no provision in the Maharashtra Universities Act 1994 or under the statutes which permit the extension of the probation period of any employee after two years.
The judgement was passed by the presiding officer Judge P. S. Mane after hearing an appeal filed by the principal of Arts and Science College, Panchagani against the secretary of Shri Swami Vivekanand Shikshan Sanstha, Kolhapur, which runs the college. Sakharam Tukaram Shingate had appealed against the order which reverted him from the post of principal to a lecturer.
Shingate who was earlier working as a full-time lecturer in LBS College, Satara, was appointed principal of the Arts and Science College on probation for two years with effect from April, 1994. When the probation period expired, the management extended his services by another two months. After the extension, Shingate was reverted to a lecturer by the managment. Setting aside the order, Mane directed the sanstha to restore Shingate to the post of principal and declared his services as confirmed with effect from the expiry of two years of probation period.
In the judgement the tribunal observed,quot; Statute 198 of Shivaji University does not give any power to the management to extend the period of probation beyond two years. The management has to confirm to his services or has to terminate him at least one month before the expiry of period of probation of two years.8221; The tribunal also passed severe strictures against the sanstha while referring to an undated letter written by the appellant to the secretary.