L.R.PATIL Vs. GULBARGA UNIVERSITY, GULBARGA

JUDGEMENT

(1.) The appellant assails the tenability and validity of the judgment dtd. 23/10/2009 of the Division Bench of the High Court of Karnataka, Circuit Bench at Gulbarga passed in W.A. No. 10003 of 2009, by which the order passed by learned Single Judge on 27/8/2008 in W.P. No. 4066 of 2006 allowing the petition holding that the appellant had lien over his previous post and directing respondent-University to pay service and pensionary benefits, was set-aside.

(2.) In the present case, the short questions of law which fall for consideration are -

(3.) The undisputed facts are that, appellant was appointed on 10/8/1972 as Junior Assistant in Bangalore University. Later, he was transferred to Gulbarga University on 21/7/1981 and promoted to the post of 'Assistant Office Superintendent'. Eventually, vide office order dtd. 7/8/1987, appellant along with one 'Sri. A. Raghavendra' and other serving Assistant Office Superintendents, were promoted to the post of 'Office Superintendent' with immediate effect subject to satisfactory completion of probation period of 1 year. The University by office order dtd. 10/7/1990 declared that appellant had completed his probation 'satisfactorily' on 8/8/1988. In terms of the said declaration, the appellant was w.e.f. 7/8/1987, substantively appointed to the post of 'Office Superintendent'.