PRINCIPAL AYURVEDIC COLLEGE Vs. SUSHIL CHANDRA MISRA

JUDGEMENT

(1.) Heard both sides.

(2.) The appeal is directed against the final judgment and order dt. 07.04.2004 passed by the High Court of Judicature at Allahabad, Lucknow Bench, Lucknow in Writ Petition No. 3920 of 1989 whereby the High Court has dismissed the Writ Petition filed by the appellants herein. The first appellant is the Principal, Ayurvedic College, District Pilibhit (U.P.) and the second appellant is the Director of Ayurvedic and Unani Services, Lucknow (U.P.). The third appellant is the State of U.P. through Collector, Pilibhit, District Pilibhit (U.P.). The respondent No. 1 was appointed as Science demonstrator in Lalit Hari Ayurvedic college, Pilibhit (U.P.). In the year 1966, the District Magistrate was appointed as a Receiver in the College. Thereafter, all the appointments and removal of teacher was required to be done by the Receiver, i.e., the District Magistrate. On 19.11.1967, respondent No. 1 was subsequently appointed as lecturer in science subject by the District Magistrate. He completed his probation of two years and was confirmed as a lecturer in science subject. The science section in the college was closed down in the year 1971-1972 and, thereafter, the post of lecturer in science in the college was also abolished and the respondent No. 1 was declared surplus.

(3.) The services of respondent No. 1 was terminated vide order dt. 06.06.1972. The order of termination was communicated to the respondent No. 1 by the District Magistrate who was the Chairman of the college at that time. The termination order was issued on 06.06.1972. Against the termination order dt. 06.06.1972, the respondent No. 1 made a representation on 28.08.1972 and the same was allowed on that date by the Vice-Chancellor. Thereafter, the order dt. 28.08.1972 of the Vice-Chancellor along with all the papers were sent to the Government for consideration on 10.10.1974. The said college was taken over by the Government vide Notification No. 5915-Sec-9/Five 470/72. The said Notification contained a Clause 7A for obtaining option from the teacher and the staff to join government services and if the option is not received within the time, their services will stand terminated. In para 7B, the responsibility to fulfil the condition is on the employee otherwise the services of the previous employment will not be counted towards pension etc. In the instant case, according to the appellants, no such option was given by the respondent No. 1 within the stipulated time. The services of respondent No. 1 was again terminated as he had not given any option to join the government service. Vide order dt. 02.07.1977, the Government terminated the service of the respondent No. 1 as he did not give his option and further directed the appellants to pay the respondent No. 1 for the period starting from 06.06.1972 to 09.01.1975. The termination order was set aside and the respondent No. 1 was paid the arrears of salary from 06.06.1972 to 09.01.1975 amounting to Rs. 14,901.50 on 19.02.1979.