BASUDEO TIWARY Vs. SIDOKANHU UNIVERSITY

JUDGEMENT

(1.) Leave granted.

(2.) The appellant having died during the pendency of the proceedings is now represented by his Legal Representatives. However, for the purpose of convenience we shall refer to him as appellant in the course of this order.

(3.) Pursuant to a Resolution made by the Syndicate on 24-1-1986, an Order No. G.A. 13/86 dated 4th February, 1986 was made appointing the appellant as a Lecturer who was hitherto working as Lecturer, Department of History, S.R.T. College, Dhamri and was posted to Godda College. He made representation to the Vice-Chancellor for regularisation of his services in terms of the relevant statutes of the University and on the basis that he had been working as a Lecturer in an affiliated college under private management before the same was taken over a constituent unit of the University. The appellant was informed by a letter sent on 7-5-1993 that his representation had been turned down by the Vice-Chancellor. By another communication he was informed that the Vice-Chancellor had directed for the termination of the services of the appellant on the ground that on 24-1-1986, the Syndicate had no power to make appointment of the Lecturer and, therefore, his appointment was not lawful. Challenging this action of the respondent-University, the appellant preferred a writ petition and sought for a direction to the University authorities to regularise his service with effect from 25-1-1978 when he was first appointed in the affiliated college which was at that time under the management of a private organisation and subsequently became a constituent unit of the University.