Bombay High Court in Shri. Patil SamgondaNamgonda vs. The State of Maharashtra (W.P No. 4754/2009), On June 12, 2024 rejecting management’s argument that the employee’s withdrawal of appeals against the termination order constituted an abandonment of his reinstatement claim. The Court noted that the employee’s actions did not indicate any intention to abandon his job-saving claim. Despite the management’s letter stating removal from his post without explicitly terminating his service, he initially challenged the order as a wrongful reduction in rank. Subsequently, despite being denied attendance, he persisted in seeking reinstatement through various representations. When the management asserted that the letter constituted termination rather than a demotion, he withdrew his appeals and filed a third appeal contesting the termination. The Court concluded that his consistent efforts to retain his job demonstrated his intent to pursue his claim, thereby rejecting the notion of abandonment.
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