THE VICE PRESIDENT, SOMAIYA TRUST AND ANR vs DR. PRADNYA GOPALRAO GIRADHAR AND ORS

Judgment text excerpt

49.WP.5424.2014.doc HARSHADA H. SAWANT / Amberkar (P.A.) IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.5424 OF 2014 The Vice President, Somaiya Trust and Anr. .. Petitioners Versus Dr. Pradnya d/o Gopalrao Giradkar, and Ors. .. Respondents ....................  Mr. Lancy D’Souza a/w. Mr. K. K. Jadhav and Mr. J. K. Jadhav, Advocates for Petitioners.  Dr. Uday Warunjikar, Advocate appointed through legal aid a/w. Mr. Jenish Dinesh Jain, Advocate for Respondent No.1.  Ms. Swetabja Mondal, Advocate i/by Rui Rodrigues for Respondent No.2.  Ms. Vaishali Nimbalkar, AGP for Respondent No.3. ................... CORAM : MILIND N. JADHAV, J. DATE : JULY 25, 2025 JUDGMENT: 1. Heard Mr. D’Souza, learned Advocate for Petitioners; Dr. Warunjikar, Advocate appointed through legal aid for Respondent No.1; Ms. Mondol, learned Advocate for Respondent No.2 and Ms. Nimbalkar, learned AGP for Respondent No.3. 2. The present Writ Petition is filed by Petitioners to challenge the judgment and order dated 09.04.2014 passed by the Mumbai University and College Tribunal in Appeal No.34 of 2011. 3. By virtue of the impugned judgment, Tribunal has set aside order of dismissal from service imposed by Petitioners on Respondent No.1 and directed her reinstatement in alongwith further directions. Petitioners have challenged the order on its merits. 1 of 42 49.WP.5424.2014.doc 4. If Petition fails on merits Respondent No. 1 cannot be put to a greater loss because of the omission of Petitioners. Had Petitioners reinstated her she would have joined service and submitted her voluntary retirement resignation in compliance of the impugned order itself. She was precluded from doing so by Petitioners. Though she has not challenged the order, she was admittedly prec