Bombay High Court
Sampada W/O Sanjay Karkare vs Bombay Natural History Society Thr. Its ... on 28 April, 2023
Author: M.W. Chandwani
Bench: A.S. Chandurkar, M. W. Chandwani
2804wp2831.23 1/2
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH : NAGPUR
WRIT PETITION NO.2831 OF 2023
(Mrs. Sampada w/o Sanjay Karkare vs. Bombay Natural History Society and
others)
________________________________________________________________________
Office Notes, Office Memoranda of
Coram, appearances, Court's orders Court's or Judge's orders
or directions and Registrar's orders.
Shri Anil S. Mardikar, Senior Advocate, assisted by
Adv. S.S. Phadnis, for petitioner.
--------
CORAM : A.S. CHANDURKAR AND
M.W. CHANDWANI, JJ.
DATED : APRIL 28, 2023 It is submitted by Shri Mardikar, learned Senior Advocate for the petitioner, that the respondent no.1 Society receives grants from the State Government as well as Central Government. Since it is discharging public duties and similar activities have been held to fall within the meaning of "State" in the decision in the case of Dr. E. Johnson and two others vs. Salim Ali Centre for Ornithology and Natural History represented by its Member Secretary, Kalampalayam (P.O.), Coimbatore - 641010 and another (2002 (4) CTC 65), the writ petition filed under Article 226 of the Constitution of India would be tenable. The petitioner initially came to be appointed for managing the general administration of the Project. Though the initial appointment on 14/8/2012 was on contractual basis, her services were regularised as Education Officer on 11/5/2015. As a result, the petitioner ::: Uploaded on - 29/04/2023 ::: Downloaded on - 29/04/2023 17:53:47 ::: 2804wp2831.23 2/2 became entitled to service protection being a permanent employee. As per Clause 11.2 of the Employees' Service Rules, her services are liable to be terminated only after holding of enquiry. Without doing so and by giving notice of one month on 6/4/2023, the petitioner's services are sought to be terminated.
2) Issue notice, returnable in four weeks.
3) Prima facie, in view of the order of regularisation dated 11/5/2015 read with Clause 11.2 of the Employees' Service Rules, it is directed by way of ad interim order that the impugned communication dated 6/4/2023 shall not be acted upon.
JUDGE JUDGE
khj
::: Uploaded on - 29/04/2023 ::: Downloaded on - 29/04/2023 17:53:47 :::